If the 3rd party doesnt have deep pockets, then how will they pay you what you are seeking? I don’t think a court will make a person go into debt to pay off a claim like that. In other words, they won’t make them sell their house or car, take out a loan or use retirement funds. If anything, they may come up with a ‘payment schedule’ of sorts. Bottom line is that the case will most likely never end up IN a court once you go your discovery, their discovery, then the mediation and what not. Once this is done, you’ve used up at least 5K in funds. I can almost assure you that you will not find a lawyer that will take a CC/AofA case on contingency.
In my opionion, the whole process is a waste of time, emotion and money for what satisfaction??? Let the ex go and move on with your life. In another of my opinions, the beef should be with the EX, not the 3rd party. He is the one that strayed…he made that choice…he ended the marriage by his actions. The third party just was the scape goat. [|)]
needinganswers , thanks for your response, but is your answwer answer based on experience? I do not care for opinions of whether this law is good or bad. i want to know…based on experience…what does it cost and is it worth it if i have hard proof.
I can’t speak for the plaintiff’s side of the expense. I can only imagine that it would be more for them than the defendant. In this case, the defendant has already spent 3500.00 in retainer fees, expense in obtaining 3 years of financial documents and other records (cell phone…) as well and the emotional expense of answering very private questions via Discovery. Now the plaintiff will have to do the same in their discovery. If the case is not dropped, then depositions from both sides will be taken. By this time, more money will have to be spent if the retainer is used up. She was quoted $5000.00 in additional retainer if it went to deposition. After deposition, if the case still is kept, then you go to mediation- in which you’re accruing lawyers AND mediator fees. If that is unsuccesful, then you go to court and pay for whatever fees that entails. Every lawyer is different. In this particular case, she is going on 1-1/2 years of ‘legal time’ just to get through the discovery phase.
Other folks have estimated 20K for the whole suit. Of course a settlement could happen at any time so there is no definite dollar amount to be given to you. So, cost is variable-but most definite a retainer fee of at least $2,500. You have to make the decision if it’s worth it. You will also have to answer to any discovery the defendent’s lawyer should choose to ask including all your pertinent financial records and personal (and intimate) questions concerning your marriage.
Thanks for the reply. Why would the defendant in the case you speak of need financial records and phone records of the plaintiff? Do you know if the Plaintiff in this case able to hire a lawyer on contingency?
The defense can ask of any records they want to determine the state of the marriage financially, medically or otherwise. I have not heard of a lawyer or have yet to find a lawyer to take this type of case on contingency. They lawyer my friend has abhors the whole lawsuit and refuses to represent plaintiffs. I don’t think you’ll be successful finding a lawyer to represent you on contingency. Mainly because rarely do you see any payoff in these cases (according to her lawyer).
EDIT: Plus the plaintiff has to submit their proof in the discovery process. Cell phone records can show times and dates of calls to whomever the defense deems relevant in the process. In case the plaintiff also has a girlfriend/boyfriend.
Has anyone filing for an Alienation of Affection and/or Criminal Conversation lawsuit been able to file on contingency? If not, how much did cost you? Is it worth it if the defendant does not have deep pockets?