Unfortunately these kinds of mistakes do happen and suing the County Clerk’s Office will be no easy feat. Without proof that charges were filed maliciously or that the filing in fact influenced the judge’s ruling in the divorce, there’s virtually no chance that the law suit will stick.
sFor the law suit to be successful, you must prove the clerk knew the charge was false or that it was done with malicious intent, and that it had a real negative impact on your life. If you were able to get the false charge removed from your record, you’ve probably come as far as you can go. Filing a suit will most likely only cause you more headaches and waste more of your time. Lawsuits are expensive, and suing the county clerk over what likely was a genuine clerical error will undoubtedly be an uphill battle you are likely to lose. While it may seem unfair, moving on will save you time and save you a lot of money in the long run.
Even if your lawsuit is successful, it is unlikely to change the ruling in your divorce. Of course, if you are certain you have a strong case against the County Clerk’s Office, speaking with an experienced civil attorney will help you determine whether pursuing this matter will be beneficial to you. Just keep in mind that going forward with the suit can be a protracted and costly venture.
This post was written by David Hurvitz. Follow David on Google+.