I was sued by my ex-mother in law and my ex-nephew and they both lost. My nephew went as far as the supreme court however, I am out all the money I paid to defend myself from their claims. During a recent hearing the judge in my divorce case said in her opinion both of them had filed lawsuits in "bad faith" against me. How do I recover all the attorneys fees? Can they be criminally charged for collusion? Is there an attorney who will take the case on a contingent basis?
Country relating to Question: United States
State (if USA): Utah
Hello, and thank you for contacting Just Answer. There likely is no crime that covers the filing of frivolous or bad faith lawsuits against you. Collusion or conspiracy of this sort requires that they colluded to commit a crime, and filing frivolous lawsuits is not typically a crime, although there are civil sanctions available. You could file suit to recover damages from their frivolous suits (although ideally you would have moved for sanctions in the suits themselves, that would have been the easier course).As to whether or not there will be an attorney out there who will take such a case on contingency, the honest answer is maybe. Your issue may be that the potential damages are not high enough to give incentive to an attorney to take the case entirely on contingency. Litigation can be expensive (as you already know) and on a contingency case the attorney is covering all expenses, and thus will only take the case if they think their portion of a winning judgment will both cover their expenses and make them a profit. The Utah State Bar Association has a page dedicated to information on finding an attorney at:http://www.utahbar.org/public/lawyer_referral_service_main.htmlI hope this helps, and let me know if you have any further questions. Otherwise, please remember to click the ACCEPT button so that I can receive credit form my work. Take care
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