I have a client who was involved in estate litigation against her brother. The brother lives in Florida. My client has not seen him for over 12 years.
During the litigation, the brother filed for bankruptcy so while the case was settled, he had no rights to the settlement proceeds because it was all part of the bankruptcy estate. This did not sit well with the brother--who, we believe, was partly motivated by a desire to harass his sister in filing the probate action in the first place.
Now that the matter has been settled, my client has received 2 anonymous letters, both of which are presumed to have been sent by my client's brother. After receiving the first letter, my client sought a Temporary Restraining Order but it was denied due to lack of jurisdiction (length of time since they lived together and/or saw each other). Now she received a second letter.
What recourse does she have? My initial reaction is to proceed with some sort of Federal criminal action--but I am not even sure where to start as far as who she should contact, etc.
Outside of a criminal action, I presume we could file a civil complaint for intentional infliction of emotional distress--but I am not certain that would even stop him at this point.
Any advise or thoughts would be appreciated.
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David Cardamone Esq.
Miller & Gaudio
Red Bank NJ
(908)310-4395
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