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#772670 - 10/11/16 10:50 PM Trying to bankrupt me by continually prosecuting.
Nitecapt Offline

recently joined

Registered: 10/11/16
Posts: 2
I am writing this for a lady friend because I have some familiarity with legal process. In sum, her ex keeps filing legal papers for one frivolous reason or another in an attempt to make her expend lots of money in her defense. He is being funded by his father and she is running out of funds for her legal defense. He has lost every attempt he has made to accomplish stuff like, getting child support reduced, getting custody, declaring her unfit etc etc. He has an intense anger and vendetta against her and she just wants to get on with her life. His latest is that he is going to appeal his last loss. I know from monitoring civil litigation for an insurance company that in negligence cases, the court can be asked for injunctive relief to prevent needless litigation. I have had cases where someone who was a little light in the shoes sued about 20 people and corporations pro se and after each case was dismissed he filed in a different venue. In other words, legal harassment. Finally the courts recognized what was up and issued a ruling that he could not litigate against any of the parties again unless he went to the court first and proved that his arguments had merit. We never saw him again. Has anyone successfully been able to get the courts to preclude litigation in divorce issues because it was essentially legal harassment?
She has no more money to defend herself and she will have to do it pro se if he goes through with the appellate process.
Thanks in advance for your consideration and help.

#772671 - 10/12/16 05:38 PM Re: Trying to bankrupt me by continually prosecuting. [Re: Nitecapt]
TJMH Offline


Registered: 07/17/15
Posts: 349
Don't know about NY but in California if one spouse is causing frivolous delays and additional expenses the court can order them to pay the other person's legal fees as a sanction. Intended to discourage exactly the scenario you describe.

#772672 - 10/12/16 08:16 PM Re: Trying to bankrupt me by continually prosecuting. [Re: TJMH]
Nitecapt Offline

recently joined

Registered: 10/11/16
Posts: 2
Laws in different states can be quite different. I am hoping someone in NY can tell me if that's been successfully done.


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