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ixnay on the cashay

My attorney called on Thursday afternoon. The judge rejected my request that the other side reimburse me for my legal fees. There was only one meager award for "out of pocket" expenses, amounting to approximately $2000.00, that will be payable to the attorneys.

I remain $42,000.00 in debt.

legal fees

Got an e-mail from Greg:

If you can prove that they sued intentionally without evidence, I think you can sue them for the legal fees you spent defending yourself. I am not sure about this though.

Greg is right, and in fact the brief(s) supporting the motion that they be held accountable for all my costs associated with this has been submitted. It's made especially compelling since the judge agreed that that they presented nothing substantial ( straight out of the Summary Judgment: "… no evidence") that supported their accusations.

My primary attorney is not optimistic about the outcome of this motion — the possibility exists that only a portion of my fees will be awarded by the Judge, if any. In which case, I wouldn't see a return of the money I have spent.

Another outcome is that they might leverage their ability to appeal in order to negotiate fees, ie, suggesting that they will not appeal if they don't have to anti up the full amount. Again, the result of that would be that I don't see my cash again.

I'm holding out that they maintain their position (we won't pay shit unless we are told to), and that the Judge awards me full payment.

Outcome, finally?

We won the Summary Judgment! The judge threw out the case for insufficient evidence!

It's a bittersweet victory: I am $35,000 in debt to the attorneys because of it and don't have my mom to share it with, but damn it sure feels good to get some GOOD NEWS!

The other side does have 60 days to appeal the decision; here's hoping that they do not and that I can put this nightmare behind me.

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