Q: Can I request a bond from the person suing me for unjust enrichment and equitable lien?
My bitter ex is countersuing me after kicking him out of the house I solely own. He has no justification or proof of his claims. After 6 years, he placed a Lis Pendens on my property in December and we were just awarded a Lis Pendens bond, which he will not be able to acquire and the Lis Pendens will be released. However, his ridiculous claim will continue, at my expense. I will be awarded a judgement at some point, but will not be able to recover, if there is not some safeguard put in place, as he has no job, no bank account, and zero assets. All I can find about requesting a bond for litigation is regarding appeal. I’m disabled and have nothing but my house, and IF he were to get a judgment, he would be able to recover.
A:
Interesting issue, but your post is very puzzling. If your ex is suing you with counts of unjust enrichment and equitable lien, I imagine he has an attorney either representing him or advising him (if he's not an attorney himself), and if so, how can he afford that if he has no income or assets? And if you successfully sought an order imposing a bond on the lis pendens, I imagine that you are represented or advised by an attorney, though you have nothing but your house. If you have an attorney, I wonder what happened with him/her advising you.
Your issue, for me, would require research - but my GUESS is that, assuming the Court has the power to impose a bond (beyond the lis pendens one), it would be very unlikely to do so. Bonds in litigation are generally for the purpose of protecting the financial position of the party adverse to the bond-poster while that adverse party is temporarily restrained in its use of an asset (such as real property that cannot be conveyed due to a lis pendens) or otherwise being "stuck" in a detrimental position solely due to the pending claims. I doubt that the existence of your dispute itself, with no restriction on your ability to convey your property, would be enough to cause a Court to require the posting of a different bond. If a party is bringing frivolous claims, there are ways to bring those claims to an end before they reach the trial stage - and if his claims are NOT frivolous, an early mediation may be a good option.
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