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Recent Abuse of Process questions

My wife was admitted to the hospital wearing expensive eye

My wife was admitted to the hospital wearing expensive eye glasses that I bought for her that the hospital lost.I was sent to see a person by the name of Wendy Douglas. She heads up the Patient Relations Dept.After speaking with her, she told me they would investigate and get back to. After a few weeks, they decide to pay for the glasses but then they change their minds. So I am suing the head of the Department. Am I suing the right person. Because when I went down to file you have to have a persons name who you are suing.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: New yorkJA: Has anything been filed or reported?Customer: such asJA: Anything else you want the lawyer to know before I connect you?Customer: well during the investigation, my wife past away. they told me and I quote there not going to pay because she is dead

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LawTalk

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Juris Doctor

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This question may seem odd. I went through quite an ordeal

This question may seem odd. I went through quite an ordeal where my drunk wife ran at my vehicle in the dark while I was leaving. She lied and serious charges were pressed. I was acquitted of GBH less than murder and felony assault with a dangerous weapon.She was impeached and caught perjuring herself on the stand thanks to body cam. She also had a .18 BAC and stated she didn't want to press charges.All the while during the process she repeatedly threatened me, cried to me, begged to me, admitted to things in voice mail contrary to her testimony and I never once responded especially because of a ppo and no contact order. She was told to stop. She made many false public statements. But she continued to harass and make public statements even after I was found not guilty.I demanded a divorce trial as I have very well documented cases of her violence and abuses on me and where she admits I was never violent. The trial has yet to happen and her counsel has given up on custody while I'm still under supervised visits. This has been hell!Since then some high profile attorney filed suit on me for negligence. I'm out of money at this point and did a very good job of answering with affirmative defenses that took me 36 hours to write including counter claims for defamation, false light, and stalking.I would like to know if I can add claims of intimidation since she harassed me to "take the plea deal or else ( insert many bad things here) and threatened me with consequences if I didn't. Also for perjury, and malicious prosecution.The prosecutor let her run wild and do whatever she wanted.I'm sick of being kicked around and want to counter sue for everything I can.

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Law Educator, Esq.

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Can I sue the state of New Jersey after the statute of

Can I sue the state of New Jersey after the statute of limitations for abuse of power?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: I put that in my first sentence New JerseyJA: Has anything been filed or reported?Customer: The state brought a complaint in 2006 and then filed a complaint in 2010 spoke to the judge in 2012 and 2 judges denied the civil fraud charges but the commissioner signed the order in 2014. Discovery was in 2006 and they dragged the case 6 years then charged with civil fraud with absolutely no damages.JA: Anything else you want the lawyer to know before I connect you?Customer: Very complicated so I need to talk to a banking and insurance professional that deals with the law.

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Ely

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I got a TRO on May 19th, filed on May 18th, but the claims

I got a TRO on May 19th, filed on May 18th, but the claims of harassment filed were in the forms of emails and voicemails from May 10th. The plaintiff met the defendant later that day on May 10th after the supposed harassment, also on May 13th and 15th, met with defendant for drop off of their son, called and left a voicemail to call her back on May 14th, and lastly, said to email her in regards ***** ***** son on May 18th at 730 at night after filing a TRO at 1227pm.I have evidence for all of this. What are your thoughts in regards ***** ***** getting a FRO?

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Legal Eagle

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Do I have to wait for the end of the case before filing an

For Law EducatorDo I have to wait for the end of the case before filing an abuse of process motion and can it be filed in family court?

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Law Educator, Esq.

Attorney At Law

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119,244 satisfied customers
My mortgage company failed to foreclose on me in the 6 year

My mortgage company failed to foreclose on me in the 6 year statute of limitations the house is in New York. Recently they filed a complaint for foreclosure and the changed the default to move it up 3 years. I have numerous statements from them showing the default date in 2008 and one mont before they filed the foreclosure they changed the date on the statements to 2011 when their attorneys found out about this perjury they withdrew from the case. my question is do I have a case to sue for punitive damagesMatt

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INFOLAWYER

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Juris Doctor.

43,298 satisfied customers
My ex roommate who happens to be an attorney recently filed

My ex roommate who happens to be an attorney recently filed a suit against me for $6000 in back rent knowing that I had paid the rent (I have proof) thinking I would not respond and win the default judgement. When I filed ,my response I received a couple of days later a legal document that was so light it was not legible and I assume this was done this way hoping I would not be able to get the court date and prepare for whatever BS allegation he had decided to come up with this time.My question is that since the initial suit was filed based on false statements will this void the action if he has changed the reason I supposedly owe him money and can he serve me legal documents that he intentionally adjusted the toner settings to make the ink so light that it is impossible to read? (the pages before and after the one with his claims are legible, but the page outlining the complaint in illegible making it impossible for me to know what I have to defend myself against, or the date of the trial)Does the fact that he filed the original complaint on false grounds ruin his credibility and if so should I file a counter suit for filing fees and lost income since the trial date falls on a day I am scheduled to work ?The only reason I know the trial date is because the county clerk sent me a letter informing me of the date.Is this a case of abuse of process and malicious prosecution and since I will have to travel >130 miles will I also be able to recover those expenses as well?He rents the house from a property management business but tries to declare himself my landlord, but I make my checks payable to the property manager per his instructions for > 1 year now because the IRS had threatened to levee his account and he didn't want to explain the extra monthly income.

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Legal Eagle

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I am seeking an attorney for a defamation of character suit

I am seeking an attorney for a defamation of character suit filed by a previous landlord.JA: Because laws vary from place to place, can you tell me what state you're in?Customer: Montgomery county, marylandJA: Has anything been filed or reported?Customer: default judgement has been filed in circuit courtJA: Anything else you want the lawyer to know before I connect you?Customer: several details, too many to list here.

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INFOLAWYER

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Juris Doctor.

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Do all elements of a. Abuse of action have to be in the

Do all elements of a. Abuse of action have to be in the complaint? I remember hearing this both ways.

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