potential lawsuit for harassment??? [Archive]

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owentrevor

05-27-2009, 10:08 PM

I met my bf recently after his divorce. This apparently upset the x and she stalked me and him for a few months and we finally had it out in an email fight. I ended our verbal fight by telling her to seize and desist any future communication or i will seek legal action. This infuriated her and she became even more aggressive when we ignored her. Last December she told my bf that she was going to have me killed by her illegal immigrant boyfriend and called 11 times reiterating that. We had her arrested and a restraining order was put in place. During one phone call my son (19) picked up my bf's phone when he was in the shower and she said "your mom's a whore and im gonna blow up your home". Needless to say I became very concerned as she is an alcoholic and I believe that she is crazy. Her own daughter called the police on her one day when she threatened her for coming to see us. I immediately packed up my home and moved to NYC, to a high security building, and my bf commuted to nj everyday. She proceeded to violate her restraining order again and was arrested once again. I have suffered from panic attacks in the past - but this took me for a loop and the fact that I have ms didnt make a pretty situation for me or my 14 yr old daughter. I sold my home (lost 75,000 in this market because she knew my address) and my family was pulled out of their comfort in the middle of a school year. Although I only make 30,000 a year in salary, i didnt work because I just couldnt get it "together" Finally after medication , a year later I am able to function much better and am very bitter. We are now getting prank calls from a restricted number which I have documented as well as prank emails to our work email .

Can I sue her for the years devistation, my loss on being forced to sell my home in a horrible market and for the childrens uprouting, and my bills in nyc due to the relocation, commuting, tolls etc..... she pleeded guilty twice to a judge, but she should have to suffer more then a month of jail.

Please advise and any recomendations for a shrewd , aggressive cival attorney would be appreciated. Thanks

Eagle

05-28-2009, 01:43 AM

owentrevor

06-03-2009, 01:52 AM

Yes, you certainly can sue her but does she have any assets? If she has no assets then it may be a waste of time to sue. However, if she has money then it would be wortwhile. Do you know he financial situation?

She owns a home, and gets a large amount of alimony monthly and is due a setlement of 500,000 at her retirement. Does any of that count?

sgent

06-03-2009, 05:09 AM

She owns a home, and gets a large amount of alimony monthly and is due a setlement of 500,000 at her retirement. Does any of that count?

Yes definately are assets. a home in it self is an asset. The settlement you may not be able to go after until it is there, unless you get some sort of turn over order. But you can definately levy on bank accounts etc. If you file, make sure you file in NJ, where there is jurisdiction. You can sue up to $15,000.00 in the special civil part. If you are sueing for more then it has to go to the Law Division. However if you win in the special civil part make sure you docket the judgment into trenton so you can get a lien against that home.

owentrevor

06-04-2009, 03:41 PM

So I have to file in criminal court as opposed to civil if I want to go after more then 15,000? Am I understanding this correctly? Or do both? Thanks so much for your help!

sgent

06-04-2009, 04:00 PM

So I have to file in criminal court as opposed to civil if I want to go after more then 15,000? Am I understanding this correctly? Or do both? Thanks so much for your help!

No in New Jersey there are three parts in the civil division:
Small claims - Claims up to $3,000.00
Law Division - Special Civil Part - Claims up to $15,000
And then Law division which takes any claims if I am not mistaking...
Law division is just another part of the civil division. The good thing about filing in Law Division is once judgment is docketed it is an automatic lien. As opposed to Special Civil Part where you have to record it into the Law Division to get a lien..... If you do want to file in law division I would suggest retaining an attorney.

owentrevor

06-04-2009, 04:52 PM

Yes, absolutely. If Im going to withstand anymore drama in my life it will be for a cause worth while. Now the question is who do you trust and who performs the best? A specialized cival lawyer or a criminal one?

sgent

06-04-2009, 05:35 PM

owentrevor

06-04-2009, 06:40 PM

Thanks! Its time to go lawyer shopping now.