Finding yourself or your business in a situation in which you are wondering exactly how to stop a frivolous lawsuit is unfortunately becoming a common occurrence. This is especially true in states like California and in labor disputes, where one side is given a significant advantage and protections. This opens up the potential for more frivolous litigation.
What is a Frivolous Lawsuit?
The official frivolous lawsuit meaning, according to the US Legal system is a legal claim that is filed by any entity or individual who is well aware that the lawsuit has no facts or basis to support it.
Frivolous lawsuits may also be filed to delay other legal proceedings. For example, certain real estate proceedings cannot commence if the real property at issue is involved in a lawsuit. A frivolous suit may be filed for strategic reasons as opposed to meritorious reasons.
If you’re at the receiving end of a similar situation, here’s what you need to know
Stay Calm and Don’t Panic
Before you start to panic and lose sleep over the situation, understand that you’re not alone. Even as you plan on how to stop a frivolous lawsuit, consider these examples.
- An obese customer suing a restaurant because of the small size of the booths.
- A client or shopper suing the store to claim compensation for a false or exaggerated injury.
- A thief breaking into a house suing the owners because he tripped over a wire and hurt himself.
- A convicted murderer suing his hostages because they escaped when he fell asleep.
- A woman trying to get back at her ex-boyfriend for dumping her by accusing him falsely of violent behavior.
- A fellow commuter threatening assault and battery because you mistakenly brushed against her in the bus.
Not only are such lawsuits very common but know that most litigious people simply threaten to take you to court without having the intention to do it. The behavior they display is vindictive and spiteful and typically intended to get back at you by causing emotional and mental anguish along with monetary loss. Whether you are facing a silly lawsuit, a clearly crazy lawsuit or a simply outrageous lawsuit without any basis in reality, it’s important to stay calm but focused.
Count on the Discretion of the Court
Attorneys, judges, and the judicial system are faced with frivolous lawsuits frequently and there are measures to deal with them quickly. In fact, if your attorney were to plead a motion to dismiss, the lawsuit could get thrown out even without being heard. Also, be aware that attorneys who represent litigious people can be sanctioned for filing such frivolous legal actions in court. While there are certainly examples of frivolous lawsuits that actually won, most of them do not end that way.
Here’s another factor: in some states, people who bring frivolous litigation on a frequent basis, are punished and added to the list of “vexatious litigators.” In many cases, filing a frivolous claim will lead to a civil fine and may also lead to a contempt order if you have an attorney who is knowledgeable in this area of law and knows what types of motions to file before the court. Attorneys who knowingly file frivolous lawsuits may also be fined, sanctioned or face suspension of their license to practice law. Abusing the legal system happens frequently but it is not treated lightly. Filing a lawsuit comes with great responsibility. Discuss all these factors with your attorney when discussing how to stop a frivolous action.
Collect All Documents and Evidence
Collect all the communication you had with the person or entity suing you such as contracts, letters, affidavits, signed statements, financial records, and hard copies of emails. Create a written account of your interactions including dates, times, and any other details you can remember. When planning your defense on how to stop a frivolous lawsuit, talk to all the potential witnesses who can testify on your behalf. If you can find professional experts who are not directly involved in the lawsuit, their testimonies can help.
Refrain from New Communication
Make it a point not to contact the suing entity directly or respond if she tries to get in touch with you. Whatever interactions you have must be through your attorney. Do not agree to any claims or give something without checking with your attorney. Work on the assumption that the litigator will try to intimidate you by lying and adding untrue facts to the situation. Also, know that bringing a lawsuit and proving the claim are two different things in court.
How to Stop a Frivolous Lawsuit? Get Expert Legal Representation!
If you’re wondering about how to stop most frivolous lawsuits, you must contact an experienced attorney who can advise you on the best course of action to take. Very often, a wise option is to settle out of court by apologizing or offering a small compensation to resolve the issue even if you were not at fault. But, if you feel that the matter can’t be settled, go ahead and work with your attorney. Remember, depending upon your case, the law may direct the prevailing party in a lawsuit to pay attorney’s fees if it is proved that he sued in bad faith. When someone is threatening you with an illegal lawsuit, remember that with the right legal representation, your rights will be protected.
Commonly Asked Questions About Frivolous Lawsuits:
- Can you counter sue for a frivolous lawsuit?
- Can you sue someone for wrongfully suing you?
- What to do if someone is suing you?
- What is a litigious person?
References:
How to Deal With Litigious People and Frivolous Lawsuits
Frivolous Lawsuit Law & Legal Definition
The Countersuit: How to Fire Back at Frivolous Lawsuits
FAQs
If you're wondering about how to stop most frivolous lawsuits, you must contact an experienced attorney who can advise you on the best course of action to take. Very often, a wise option is to settle out of court by apologizing or offering a small compensation to resolve the issue even if you were not at fault.
How do you defend against frivolous lawsuits? ›
In legal terms, this is known as a “counterclaim” or “counter-assertion.” If the original lawsuit is deemed frivolous and lacks legal merit, the defendant may seek damages or other remedies through a counterclaim, asserting that the plaintiff's initial legal action was without proper legal basis, causing harm or ...
Can you countersuit for a frivolous lawsuit? ›
File a countersuit.
Once you've gotten a frivolous lawsuit dismissed, you may be able to file a counterclaim against the plaintiff on the grounds of fraud, abuse of process or another legal issue associated with the frivolous lawsuit you've been subjected to.
How to stop frivolous motions against you? ›
Under section 391.7, in addition to other relief, the court may, on its own motion or the motion of any party, enter a prefiling order that prohibits a vexatious litigant from filing any new litigation in California in pro per without first obtaining permission from the presiding justice or presiding judge of the court ...
Is it ethical for an attorney to file a frivolous lawsuit? ›
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law.
How to stop a frivolous lawsuit and deal with litigious people? ›
If you're wondering about how to stop most frivolous lawsuits, you must contact an experienced attorney who can advise you on the best course of action to take. Very often, a wise option is to settle out of court by apologizing or offering a small compensation to resolve the issue even if you were not at fault.
What are the awards for frivolous lawsuits? ›
The Stella Awards are given for the most frivolous lawsuits in the United States.
What prevents frivolous lawsuits? ›
Seeking attorney's fees and costs is an effective strategy to discourage the filing of meritless claims. By demanding compensation for any expenses incurred by the defendant for legal fees and costs you may be able to deter a frivolous lawsuit in its early stages and prevent the abuse of the legal system.
What are the elements of a frivolous lawsuit? ›
That means, in a frivolous claim, either: “(1) "the 'factual contentions are clearly baseless,' such as when allegations are the product of delusion or fantasy;" or (2) "the claim is 'based on an indisputably meritless legal theory. '" Livingston v. Adirondack Beverage Co., 141 F. 3d 434, 437 (2d Cir.
What is the most frivolous lawsuit? ›
We all know the most famous frivolous lawsuit story. Stella Liebeck sued McDonald's back in 1992 when she spilled hot coffee on herself. "But coffee is meant to be hot" we all cry. Dig a little deeper into the case however and it starts to look less frivolous.
Section 128.7 provides that a trial court may impose sanctions for the filing of a pleading if the court “concludes the pleading was filed for an improper purpose [(subdivision (b)(1)] or was indisputably without merit, either legally or factually [(subdivision (b)(2), (3)].
Can I counter sue for wasting my time? ›
Yes, you can sue someone who's suing you, but it's not always straightforward. In many jurisdictions, defendants have the right to file a counterclaim against the party who initiated the original lawsuit.
What is a spurious lawsuit? ›
A spurious class action is a type of lawsuit where a small group of people represent the interests of a larger group. This is done when it's not practical for each person to sue individually. However, in a spurious class action, the people in the group have different interests and are not all affected in the same way.
Can you counter sue someone for what you think is a frivolous lawsuit? ›
Though certain sanctions may be available for frivolous suits, a counter claim must always be based on a legitimate claim that can be asserted against the Plaintiff. Therefore, the facts of each case, and the relationship between the Parties, play a critical role in determining whether a counter claim can be asserted.
What constitutes a vexatious litigant? ›
(b) "Vexatious litigant" means a person who does any of the following: (1) In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) ...
What is the cause of action for a frivolous lawsuit? ›
Malicious prosecution is a civil cause of action in California that you bring when a person files a frivolous claim against you, and you suffer damages as a result. A frivolous lawsuit is one that is not based on the merits of the claim but rather for some ulterior purpose.
What are the consequences of a frivolous lawsuit? ›
If a court decides a claim is frivolous, the court can dismiss the case, order the party which files the frivolous claim and the party's attorney to pay any reasonable expenses, including attorney's fees incurred as a result of the frivolous claim.
How to stop a vexatious litigant? ›
How does the family court stop the vexatious litigant from filing more frivolous requests? The family court can order the vexatious litigant to: Only after getting permission (called seeking "leave") from the presiding judge to file the request; Only after posting a bond can the vexatious litigant file the request.
What happens if someone wrongfully sues you? ›
Countersuing Someone Who Has Sued You Wrongfully
This can include compensation for any financial losses incurred as a result of defending yourself in court, damages for emotional distress caused by the baseless accusations made against you, and punitive damages designed to punish the plaintiff for their misconduct.
