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My ex wife and I had settled on a disillusion. 5 months after

Customer Question

My ex wife and I had settled on a disillusion. 5 months after the divorce she sued me for a relief of judgment costing me 3500.00 in attorney fees. The judge denied the relief and stated in his opinion the case was baseless and she provided no evidence of fraud or coercion. However, this judge fell short of awarding me my attorney's fees. Do I have a case for filing a civil claim to recoup my fees? This is in Ohio. Thank you. Markus
Submitted: 6 years ago.
Category: Legal
Expert:  NateLawAnswers replied 6 years ago.
Thank you for your question.

Attorneys fees not necessarily. Sanctions under Rule 11, yes. This might get you to the same place. Rule 11 of the Rules of Civil Procedure allow you to demand sanctions for baseless claims. That would be the only way you could get the relief you are owed. And you are definitely owed it.

I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question.

Thanks!

Nathan Moore
NateLawAnswers and 6 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Thank you. My ex wife's attorney failed to do any discovery of evidence to see if her claim was even valid. No evidence was filed either. Zero. She signed the statement along with her attorney. I'm assuming there can be punitive damages against the attorney and compensentory damages to my ex wife under Rule 11?
Expert:  NateLawAnswers replied 6 years ago.
Yes, if that is what happened, you could potentially get sanctions under Rule 11.