Legal Question in Legal Malpractice in Florida
malicious prosecution
I am currently goin through a nasty divorce, and the opposing attorney has been portraying me in unimaginible ways she is upfront lying to the judge and has cause me to loose my primary home and she clain in open court tha she was goin to make sure that the court garnish my whole paycheck she is garnishing almost 90% of my salary.now i cant even afford to pay rent where I live and I no money to feed my self or my kids .Can I sued the attorney for malicious prosecution
3 Answers from Attorneys
Re: malicious prosecution
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Anyone can sue anyone for anything. Of course, if you have no money, I am not sure how you can afford to maintain a lawsuit against an attorney. You should consider requesting a modification of your child support if such a high percentage is being taken for child support although I having a suspicion that the amounts you say are being garnished may either be exaggerated or may include arrearages that were not paid originally. It would be highly unlikely that a court would order the garnishment of almost 90%
of your income.
Scott R. Jay, Esq.
Re: malicious prosecution
No.
Re: malicious prosecution
No, not based on the facts you have presented.