Skip to main content

Malicious prosecution; small case looking contingency attorney to right a wrong!

Camarillo, CA |

Lawyers get a bad rap for sure. I was a part owner in an LLC. That business is now closed. Prior to closing, the LLC owed a creditor about 6K in debt which it had paid down from about 12K over the 9 months prior to closing. A collection attorney initiated several legal actions including me personally. At the MSC the judge granted an OSC for sanctions vs. the Plaintiff attorney. The sole reason for the case was to intimidate me into paying them money rather than hiring an attorney. I represented myself and just now before trial, the Plaintiff attorney dismissed the case. I did have attorney fees along the way over the 3 years and multiple litigation actions filed. I'm looking for counsel to take on a contingency the malicious prosecution case. can you help..?

Attorney Answers 2


  1. Malicious prosecutions actions are very difficult to "win," and that means that most skilled attorneys are very careful and cautious before agreeing to accept such a case on contingency. Moreover, the facts you have recited here are not promising for a successful result. The "sole reasons" for almost any civil case is to cause the debtor to pay money. There is nothing improper, malicious or abusive about that.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  2. Ms. McCall's advice is sound, but she doesn't flesh out half of what will happen if you file a malicious prosecution action. The attorney whom you sue will retain his own attorney and file what is called a Special Motion to Strike (also known as an anti-SLAPP motion). If the defendant wins that motion, you lose the case and you will be ordered to pay his attorneys fees. If he loses the motion, he has the right to an immediate appeal, thereby tying up your malicious prosecution action for 18 months to two years. Oh, and you are not entitled to your attorneys fees under that scenario.
    If you find an attorney wiling to take your case, ask him or her if you are at risk for an anti-SLAPP motion.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.

Small business topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics