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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88750
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Malicious prosecution wrongful arrest unlawfully detained civil

Customer Question

Malicious prosecution wrongful arrest unlawfully detained civil harassment. I have been arrested 4 times all of them citizens arrests. All charges dropped. There was a civil harassment restraining order in place that I stipulated to . After the fourth arrest went back to court and requested restraining order vacated./That was granted there is no restraining order it was said that there never was any harassment nor was there ever a credible threat of violence. My neighbors had me arrested for maintaining my easement . It has been said in court already that I have a right and a obligation to maintain my easement . I like what my neighbors had thought I had even shown my deeded easement to the officer's however xx law is the officer must arrest if a citizen demands citizens arrest and in fact could be really charged if they did not . The officer is not liable from what I understand for the arrest the citizen is liable and in my case four false arrests and all of the elements of malicious prosecution are involved . Very clearly in this case . I shared custody with two minor children that have not been my care last year because of all this with my neighbors have not been able to work . Until last week all of these cases were pending I could not get. Hired with all the legal, unnecessary issues I was forced to deal with ..I have suffered and lost so much because of this. In has been published in the paper. As a result of being arrested my losses are much greater than have listed here. Damages extend Family ,Personal ,financial, future . Lots of time with my children , my reputation . And now even my home in jeopardy of losing. I need to somehow recover my costs and losses My neighbors own their homehave many assets and they both receive retirement monthly. AdditionallyI'm sure they are covered on their homeowners insurance.my question is. Is this a lawsuit that an,attorney would take . On for percentage. Of the award, without money up front. What type of attorney would best suit this type of case. Any help or direction would be greatly appreciated. The attorney I have now is for criminal law defense does not take this type of case, xx County. California. Would be in xx County superior court, thank you

Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.
Based on the facts you have described above, if your neighbor continues to pursue these frivolous and false claims against you and the evidence you have from going to court proves this, then a general civil litigation attorney would take this type of case for malicious prosecution and in most cases will take the case based on a contingency fee if they see your neighbor has any assets which will guarantee your ability to receive payment on any judgment.
If your neighbor has no money or assets that can be taken to satisfy any judgment you receive, the attorney is going to tell you not to bother because you will spend money for a suit that you could not collect upon. If your neighbor has money or assets to satisfy the judgment, as this is an act based in fraudulent conduct, then it could not be extinguished in bankruptcy and most attorneys will take this as a contingency fee case (no money up front).
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Customer: replied 1 year ago.

I understand xx has antislapp would that apply in this case. Additionally would homeowners policy cover my neighbors in this situation. Or this is a willful act that would not be covered. Also what kind of case would you classify this as. Thank you

Customer: replied 1 year ago.
Checking the County records is understood that my neighbors put their house in a trust same day they had me arrested a second time. What to do with this information. And in doing so have they protected their assets from lawsuits. Or this be some sort of criminal act. After doing wrong to someone and planning on doing it again. To protect yourself from your own wrongdoing.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your response. The anti-slapp provision is designed to protect people from having suits filed against them for exercising their rights to free speech. To bring a an anti-slapp suit, you need to show that the plaintiff is suing you for an "act in furtherance of [your] right of petition or free speech under the United States or xx Constitution in connection with a public issue." Although people often use terms like "free speech" and "petition the government" loosely in popular speech, the anti-SLAPP law gives this phrase a particular legal meaning, which includes four categories of activities: 1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law; 2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law; 3) any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest; or 4) any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest. See: Cal. Civ. Proc. Code § 425.16. From what you state, it sounds more just like an abuse of process and malicious prosecution suit. It is not illegal for him to move his house into trust after he files charges or suit against you, it is against the Fraudulent Transfer Act to move property or assets when you know you are being sued to avoid paying a suit.

Customer: replied 1 year ago.
More directly. A case like this malicious prosecution . Abuse of process. Do You see any way that the anti-slapp would protect my neighbors from a lawsuit that I would be filingor would not even be considered in this case issue of placing house into a trust after the second arrest knowing that they were wrong and potential of a lawsuit with is the considered wrongful transfer under those conditions
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up question.
No, if you have proof they are filing false charges, they are not exercising any rights to free speech they are filing frivolous complaints against you so you would not be subject to an anti-slapp suit against you for suing them for doing this and abusing the system.
Since there was no pending litigation or creditor claims against them when they moved the house, I am afraid that the fraudulent transfer act would not apply and they did not do anything wrong by moving the house into a trust at the time they did so.
Customer: replied 1 year ago.
Having been arrested four times paying for a defense attorney bailing out jail lost reputation lost work and income time with my kids, counseling appointments this has nearly destroyed my life please help me understand what a case like this is worth I have spent about 70,000 out-of-pocket and now because of this every jeopardy of losing my home and property.they were wrong this has been proven in court now I need to file suit both husband and wife were involved in each and every arrest equally
providing I prevail. What are4 wrongful arrests all the pain and suffering lost time mostly we live in a small area I have lost reputation because of this and I doubt it will ever recover fully. This is $1 million suit ever heard anything else like this. It is already been said in court that I have done no wrong.
Expert:  Law Educator, Esq. replied 1 year ago.
First, this case is worth whatever your neighbor can pay in assets. If your neighbor has no assets you can recover from, the case is worth nothing.
However, four arrests and continued harassment could indeed be worth upwards of $1M if he has the money to pay or the assets you can seize to satisfy the debt. However if all of his assets are in trust and you get such a judgment all he has to do is file bankruptcy and your judgment is extinguished. So be careful and be prepared.

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