How to Stop a Frivolous Lawsuit and Deal With Litigious People

Finding yourself or your business in a situation where you’re wondering how to stop a frivolous lawsuit is unfortunately becoming a common occurrence. The US Legal system defines a frivolous lawsuit as one that is filed by any entity or a representing attorney who is well aware that the lawsuit has no facts or basis to support it. Typically, such litigious people know that the case is totally without merit and has no legal argument in its favor. Even so, they file the lawsuits to harass or coerce the plaintiff into paying up to redress a perceived wrong that may or may not have been committed.

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 being actually serious about doing it. The behavior they display is vindictive and spiteful and just intended to get back at you by causing emotional and mental pain along with monetary loss.

Count on the Discretion of the Court

Attorneys, judges, and the judicial system are faced with frivolous lawsuits all the time and they have failsafe 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 get sanctions slapped against them. Here’s another factor. In some states, people who bring frivolous lawsuits all the time are punished and added to the list of “vexatious litigators.” Discuss all these factors with your attorney when working out how to stop a frivolous lawsuit.

Collect All Documents and Evidence

Collect all the communication you had with the 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 whatever 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 giving 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 a frivolous lawsuit, 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 it wasn’t your fault. But, if you feel that the matter can’t be settled, go ahead and work with your attorney. Remember, American common law may direct the litigator to pay your attorney’s fees if it is proved that he sued in bad faith.
References:
How to Deal With Litigious People and Frivolous Lawsuits 
Frivolous Lawsuit Law & Legal Definition
The Countersuit: How to Fire Back at Frivolous Lawsuits

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