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| Subject:
exortion in family court
Category: Miscellaneous Asked by: sewey-ga List Price: $100.00 |
Posted:
07 Feb 2006 11:05 PST
Expires: 09 Mar 2006 11:05 PST Question ID: 442693 |
how could I ask the family court to consolidate my motion to set aside based upon duress from extortion with my civil suit for fraud against same showing family court lacks subject jurisdiction over extortion and lacks remedies against one extortionist-an attorney. family court ruled i could not depose them and its hard to demonstrate duress without proving the cause. case law? |
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| There is no answer at this time. |
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| Subject:
Re: exortion in family court
From: weisstho-ga on 07 Feb 2006 20:31 PST |
I assume that you have reviewed case law on duress and found that the hurdle is set very, very high. You don't indicate the state that you're in, but the typical family court has jurisdiction over all related matters. If your complaint is with an order signed by the family court, or more specifically the gaining of stipulations as conditions precendent to the entry of the order, the family court is probably the ONLY court with jurisdiction. |
| Subject:
Re: exortion in family court
From: sewey-ga on 08 Feb 2006 08:38 PST |
I am in California. Dale v Dale and other case law have involved independent torts involving former spouses. Here, the issue is subject jurisdiction and remedy jurisdiction. Could I file a separate suit in civil court for the extortion naming the co-conspirators and avoid res judicata or collateral estoppel if family court can rule only on what I was forced to sign and duress but cannot try or rule on a felony for which there exist civll remedies? Example: my ex claims that he can get family court to award his civil suit fees should I lose because his intitial fraud fourteen years ago is related to his current felonious behavior I brought to family court based upon Askew v Askew. Does this clarify? |
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