How to bring a lawsuit against an attorney for malicious prosecution?

Asked over 1 year ago - Columbus, OH

Attorney had a judgment lien for child of previous owner of the home we purchased . He attached the lien after owner died but before we purchased the home . It was $ 500 . 00 from a debt from 1979 . His current lien was over 10 , 000 . 00 He brought foreclosure suit on our home to collect on this debt . Lost in the local court . Took it to the appeals court and lost . Took it to the State Supreme court and they would not hear the case . This put us a lot for about 2 years .

Additional information

The attorney had assumed the the son would inherit the home but the mother had a reverse mortgage that was as much as the value of the home. So no equity remained for him to collect. He should have done this through the estate. The attorney represented the son in 1979 and the son never paid his bill. Attorney got a default judgement. Son was out of state many years. Revived judgement. Applied lien as soon as mother died. This seams to be the way this attorney does his collections.

Attorney answers (4)

  1. M. Todd Miller

    Contributor Level 15

    7

    Lawyers agree

    Answered . Contact your state bar association and file a complaint if you feel he/she acted unethically. Then contact an attorney and discuss the possibility of a claim for damages.

    NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-... more
  2. David B Pittman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Contact the Ohio Bar Association and lodge a complaint.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Contact disciplinary board of state bar.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. Robert Bruce Kopelson

    Contributor Level 20

    2

    Lawyers agree

    Answered . Speak to a local atty asap. I dont know mal pros law in your state. Generally, it requires that you prevailed on the merits. Also, it may require that you prove that no reasoanble atty would have taken the action the atty took in the case, based upon the law in existence, and it wasnt reasonable to argue for an extension of the law in the case. Or, if you can show the action was taken for improper motive. Not an easy standard.

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