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


Asked on 8/23/07, 11:46 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: malicious prosecution

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

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Answered on 8/24/07, 12:05 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: malicious prosecution

No.

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Answered on 8/24/07, 12:51 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: malicious prosecution

No, not based on the facts you have presented.

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Answered on 8/24/07, 12:51 pm


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