My question involves small claims court in the state of: Oregon
My husband's exwife served him with a small claims order several weeks ago, he responded denying the charges and requested a jury trial. She filed a formal complaint which we received a few days ago. We have 30 days to file a motion. However, one of the documents she submitted as evidence, is a forged document and we can prove this.
They were divorced in Oct 2006. We met in 2007 and she stalked us for over a year and pleaded guilty to criminal telephonic harrassment, we received a stalking protective order and was ordered by the judge to have no contact for 5 years (2009). She was also ordered to undergo mandatory mental health evaluation and care and received probation for 5 years.
We got married recently and four days later, after she learned about this, we were served the small claims paperwork.
We feel confident in filing our motion that we can prove her document is fraudulent (as with the other items she is requesting compensation for) - however, we are concerned that this is a form of harrassment (will be held in the same county court system) and our specific questions include:
1. What should we include in the motion, if at all, that this document is forged. Can we include the case number from the criminal trial to show her mental instability (she was escorted out of court by an armed sheriff for her outbursts) and subsequent unbalanced mental state of mind.
2. What legal action might we consider pursuing to stop her from filing future frivolous lawsuits of this nature (the evidence from criminal charges documents her threats to "suck him dry with legal costs")?
3. Will she be punished for forging this document and will the jury trial be the appropriate forum for this - or do we need to handle this issue seperately.
4. She is claiming the money owed was from a verbal agreement made AFTER the divorce...he only received $25,000 and a couch from the settlement - while she kept the house, money, etc.....do you think the court will question the fact these charges are being brought forth 3 years after the final divorce and right after she was found guilty of telephonic harrassment and 5 years of no contact/mental health/probation. We just want this to stop.
I appreciate any and all information you can provide. Regards, Julie

