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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
What crime do you think he has committed?
And what do you mean by "an unlawful deed"?
The DA doesn't prosecute contempt of court issues. That is a civil case that you would have to file.
What is the unlawful deed you are talking about?
Then it wouldn't be a contempt action.
Let me look up that provision because the last time I looked at it there was something about it that was a little different.
Do you remember the statute #?
Did he file any after the injunction was issued?
And was the injunction specifically issued under the Wrongful Lien statute?
I don't know that the deed will be prosecutable. It might be but that centers around his beliefs and that is hard to win for a DA. The thing that I remembered that was a little different about the statute is that it specifically requires that the injunction have been issued under Title 38, Chapter 9a, Wrongful Lien Injunctions
If the order was specifically issued under the chapter then it is a prosecutable offense but it wouldn;t be a contempt of court.
When you talk to the DA reference the statute and not contempt of court.
Although you could bring a contempt of court actions yourself, of course.
The advantage of the Da is that there is no cost to you.
Yes, he may want to approach the DA for you. Often having an attorney ask that charges are filed will get more results than when a citizen asks.
You're very welcome. Anything else I can assist you with? Do you need a link to the statute or do you already have it?
All right. If you get a chance, stop back at this thread and let me know what happens.
Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
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