The vast majority of personal injury lawsuits filed in the United States involve legitimate claims and are the result of honest disagreements. But every year, a handful of lawsuits get filed that are patently ridiculous.
Let’s take a quick look at what frivolous lawsuits are, why they’re filed, and whether there are any repercussions.
What’s a frivolous lawsuit?
A frivolous lawsuit is a lawsuit that has no legal merit. To put it simply, a frivolous lawsuit has no basis in law or fact.
Ridiculous, absurd, ludicrous, and nonsensical—these are all words that can be used to describe a frivolous lawsuit. But, frivolous lawsuits are perhaps best understood by looking at a few real-life examples.
In 1993, Richard Overton sued Anheuser-Busch for false advertising after he drank a 6-pack of Bud Light and the beer failed to produce visions of beautiful women on a sandy beach (as the advertisement he had seen seemed to suggest). He sought $10,000 in damages, claiming that Bud Light’s deceptive marketing caused him emotional distress.
The trial court threw out the frivolous lawsuit and the decision was upheld by the Michigan Court of Appeals.
Roy Pearson took a pair of pants to a local dry cleaners for alterations. The dry cleaners inadvertently sent the pants to the wrong location. Though the pants were quickly recovered and returned to Pearson, he claimed the pants didn’t belong to him (despite documentation provided showing otherwise). Pearson then sued the owners of the dry cleaners for $67 million in damages. Making this case even more bizarre, Pearson was actually an administrative law judge at the time of the lawsuit.
Unsurprisingly, the superior court judge ruled in favor of the dry cleaners.
In 2009, Lauren Rosenberg sued Google for more than $100,000. The basis of her lawsuit was that Google Maps advised her to walk along a freeway to get to her destination. Despite the directions being clearly wrong (or at least dangerous), she followed the directions precisely and was hit by a car.
The district court granted Google’s motion to dismiss the frivolous lawsuit.
Interestingly, the famous case most frequently cited as an example of a “frivolous lawsuit,” wasn’t frivolous at all.
McDonald’s hot coffee lawsuit
In Liebeck v. McDonald’s Restaurants, Stella Liebeck sued McDonald’s after spilling a cup of hot coffee in her lap. For people who didn’t hear anything more about the case, they chalked the lawsuit up as another example of out-of-control litigation.
But in reality, there was much more to the case.
Stella sustained incredibly gruesome third-degree burns on her legs, lap, and groin. (Don’t believe it? Run a search for “Stella Liebeck burn photos.”)
What’s more, McDonald’s had already received over 700 complaints about their scalding hot coffee, but they decided to continue serving their coffee more than 40 degrees higher than most restaurants. Finally, before suing McDonald’s, Stella attempted to settle the matter for a mere $800. McDonald’s refused.
Ultimately, the jury awarded Stella $2.7 million in damages.
Why are frivolous lawsuits filed?
Sadly, frivolous lawsuits are sometimes filed by plaintiffs who are suffering from a mental illness. But in most cases, frivolous lawsuits are filed for purposes of:
- Harassing the defendant. Being sued is incredibly frustrating. Even if the case is meritless, the defendant has to expend time, energy, and financial resources to have the case dismissed. What’s more, the defendant’s reputation might be tarnished if people hear about the lawsuit and assume it’s legitimate. For these reasons, frivolous lawsuits are often used by plaintiffs as a way to harass defendants.
- Generating media attention. Sometimes lawsuits are filed for no other reason than to generate buzz. Generally, these lawsuits are filed by advocacy groups who wish to bring attention to an issue.
Are there any consequences for filing a frivolous lawsuit?
Most courts are overwhelmed by legitimate lawsuits. For this reason, judges find it particularly frustrating when a frivolous lawsuit is filed. Fortunately, judges have the authority to sanction lawyers and fine plaintiffs who file frivolous lawsuits.
What’s more, a defendant in a frivolous lawsuits can turn around and sue the plaintiff for malicious prosecution. A claim for malicious prosecution is a tort action, and damages include the costs of having to defend against the baseless lawsuit.
Lewin Dennis. says
My friend who is the proprietor of a small convenience store was recently held up and robbed by two armed robbers. While escaping the robbers were accosted by a man outside the store who realized that a crime had just been committed. During the ensuing melee the man was stabbed and had to be taken to the hospital. Some months later the proprietor received correspondence from the man’s lawyer requesting insurance information. After no response from my friend he again receive a second letter threatening a lawsuit against him. Do you think this example can be considered a frivolous lawsuit? Thanks. Looking forward to your response.
Melissa Gold says
Hello, and thank you for asking. This is a complicated question, and you’re a good friend for wanting to help. It sounds like there’s a lot happening here, and it appears to be a combination of criminal law and perhaps civil litigation. There are a lot of facts that would affect the outcome of the case, like specifics about the property and how the incident occurred, that might determine whether the proprietor bears any liability. Without knowing exactly what happened, I can’t judge whether it’s a frivolous lawsuit. However, your friend would be wise to seek the advice of a lawyer and take it seriously. Please feel free to use the Enjuris lawyer directory as a no-cost resource for finding a qualified lawyer in your area who can help. Best of luck to you and your friend.
Bill Jones says
Two car accident at intersection. Guy towing overweight trailer with inoperative trailer brakes was at fault as indicated on police report but he still sued female driver of vehicle for mental anguish from witnessing a restrained child getting injured. When confronted at deposition about overweight trailer, Guy claims his trailer wasn’t overweight and that he had mechanically updated the trailer axles to hold more weight. He also stated he still owned the trailer. After several weeks, female driver’s attorney filed motion to enter guy’s real property to inspect trailer and verify the mechanical upgrades guy claims to have made. Through his attorney, guy claims to have sold the trailer and no longer has it. Months later, female driver’s husband sees guy towing exact trailer through a retail store parking lot. Trailer serial number was verified. Pictures were taken of the trailer serial number and compared with the accident scene pictures. Guy accuses driver’s husband of stalking and taking unauthorized pictures but complaint is found as baseless as pictures were taken in public parking lot. Guy drops lawsuit against female driver. Amount of time from accident to non-suit filing: 5 years.
Tristan says
Hello, I was wondering if i had a 12 month contract with a customer for mowing their lawn. but, because the mowing season is only 6 months long i decide to charge half off per month on services, that way at the end of the 12 months (Double the mowing season length) I accumulate the proper amount of income vs the amount of work at the end of the contract to keep consistent cash flow & to help my customer finance a bit better. However this customer decides to let me mow half off for the 6 months then decides to cancel the services right when the mowing season ends in order to save themselves from paying for the other 6 months. Would I be able to sue in order to get the money my company deserves?
Melissa Gold says
Hi, Tristan. It depends on how the contract was worded. It sounds like your plan was to mow for 6 months but extend the contract for 12 months in order to even out your cash flow. So, if I’m understanding correctly, you’re doing (hypothetically) $300 worth of mowing over the course of 6 months. But since you had a 12-month contract, you performed the $300 worth of mowing but were only paid $150 for 6 months. Whether you have any recourse really depends on the terms of your contract… if you had a termination clause (allowing either party to terminate the contract with certain notice requirements), payment schedule, or other terms that would allow the customer to leave the contract after 6 months. You’d need to review the contract carefully to see exactly what you and the customer each agreed to within the scope of your contract.
Ian Pisarcik says
Thanks for the comment.
Pam Price says
After 25 years I finally petitioned California probate court to make the trustees tell the 8 beneficiaries what we inherited. Because the trustees failed to notify us even though California is a mandatory notification state. This cost us 55,000 dollars so 6 of the beneficiaries quitclaim their real property to me in January 29,2020. 1 of the trustees has lived on the trust property this whole time.
On April 10, 2020 the trustees filed a lis pendens against 4 of the beneficiaries saying he bought their interest but the trustee doesn’t have any proof of the transaction. And you beneficiaries 1 said she never took any .money, the three others thought it was agift because they didn’t know they owned any interest in any property.
Now the trustee is suing all the beneficiaries for interest in the real property. This lawsuit came after I informed him I want rent and to make the farm productive again. Is this a fraudulent lawsuit?
Ajay says
Two rescues, one out of state, get death row dog out of shelter. Local one fosters dog & looks for adopter but never given ownership transfer papers.. Rejects one applicant 3 states away who gets mad & appeals to other rescue. Disagreement follows & dog then stolen and left in another shelter. Soon dog’s real owner discovers this is his dog of 8 yrs. he’s been searching months for. He & local rescue are unable to retrieve dog due to 2 microchips & a hold. Distant rescue & rejected applicant soon file lawsuit against local rescue, the county and owner who’s never known either. Suit seeks damages ( “emotional distress”) suffered from dog being withheld, despite never having met the dog. Only the county has the $$ for damages. Dog held at shelter for months until case settled. Older indigent owner not allowed to show ownership proof & stolen dog police report, nor visit his senior dog. Already distraught, he must now raise $$ for lawyer. Is this case or part of it frivolous? Money & revenge seem the motive.
Joe Smith says
I am being threatened with being sued for taking a picture of someone’s barn. From the road… and it was posted by a news site (with photo credit only) as a picture of the comet, with the barn in the foreground. No address was given, but a general location (road, near a school….)
I don’t see how google can have pictures of every property if not legal.
Would this be considered frivolous?
Melissa Gold says
Hi, Joe. You shouldn’t be sued for a photo taken from a public roadway. There’s no expectation of privacy for property that’s viewable from a public vantage point. As long as the road where you were standing is, in fact, a public area (i.e. not a private road or driveway), the owner of the barn can’t prohibit you from taking a photo of their property.
Joe Smith says
Thank you! It is definitely public. Much appreciated… 🙂
Amy says
My husband is being sued by homeowners. He has evidence that he tried to mitigate all of their complaints. He showed up with contractors and they turned him away. The initial complaint was $30,000 and now they are seeking $180,000. We have spent $50,000 in legal fees and now COVID is likely spiking that higher with all the delays. What are your thoughts on a frivolous lawsuit counter. They clearly want money.
Wendy says
My ex husband of 27 years was ordered permanent alimony. After being divorced 8 years I became engaged in Dec 2019. He has filed a lawsuit siting I am in a “supportive relationship as defined by section 61.1 for Florida statute this includes getting engaged on or about December 28, 2019 and taking exotic trips with her fiancé such places like a Aruba” he also states that he is going to retire because he has turned 62 and his income will be changing substantially. I still have the same home as when divorced. I can prove through my checking account I pay all my bills. I now have to hire an attorney. What steps do I take to have him pay attorney fees?
Ian Pisarcik says
Wendy,
In general, Florida follows the “American Rule,” which states that parties pay their own attorneys’ fees unless you are filing a lawsuit under a specific statute that explicitly awards attorneys fees. I don’t know enough about your case to know whether such a statute exists. I would recommend meeting with an attorney in your area. Initial consultations are generally free and the attorney will be able to tell you whether you can recover attorneys’ fees.
Wendy says
Would the frivolous or baseless 57.105
Be something that this could pertain to?
Ian Pisarcik says
Wendy,
You are correct. Florida Statute 57.105 provides attorneys fees for frivolous lawsuits.
Derek Syroka says
If one claims to have proof that the local county and state governments are refusing to allow United States citizens the right to own their house and land even after the mortgage is paid off, violating the United States Constitution or would this be considered a frivolous argument and could you please explain why?
Emmanuel Joseph says
Hello: my son’s mother had file a contrmpt motion for not paying child support, paying my shared academic fees pertaining to the child and refusing to do homework with the child causing him to have a bad grade. However, everything she said in the motion is false. She received every payment electronic deposit and checks, I have receipts of all payments for all academic expenses and the day the homework was sent home was the same she had the child according to the shared parenting plan. Can I sue her for her frivolous claim?
Ian Pisarcik says
Emmanuel,
It’s impossible for me to determine whether your son’s mother’s motion was frivolous under the law without more information. It is important to keep in mind that court’s generally promote the freedom to litigate and therefore it’s very difficult to successfully make out a case that someone filed a frivolous lawsuit or motion. It’s not necessary that the motion be certain to prevail or even likely to prevail. They only need to show that the claims are plausible. If you’re intent on suing based on a frivolous claim, I would recommend meeting with an attorney in your area so they can review your case in detail.
Ian Pisarcik says
Derek,
In some cases, the United States government can constitutionally take a citizen’s property (see the “Takings Clause” of the fifth amendment). However, just compensation must be given. I don’t, however, have enough information about your case to know what’s going on and, therefore, I can’t make a determination about the potential frivolousness of your claim.
Derek says
Yes I understand that the 5th and 14th amendment to the U.S. Constitution authorizes emminent domain which is when the government has to compensate the taking. My claim is that I can prove that the local State governments are not allowing us to own any land because they don’t recognize Land Patents anymore from the U.S. government unless you’re a mining company or something of that nature. These Land Patents were what was first used as proof of ownership and it established the protection of individuals to exclude others from the use of your land and home. Because of those titles the local State governments could not tax the land and home…..until the civil war. I filed a federal complaint here in Michigan’s west district and it got denied for failure to state a claim even-though I expressed what amendments were violated and tried to push a preliminary injunction to prevent injury which was also denied. The judge didn’t state that it was frivolous or futile but she did say any further action in appellate would be considered in bad faith. My case number in PACER is 1:19-cv-01007 Syroka v State of Michigan My case in my opinion proves that the local governments refuse to allow US citizens to own any land and if you try to defend your rights against a foreclosure it is futile because they use in rem jurisdiction and sue the property not the “owner” which is the same tactic used in civil asset forfeiture. Which is a denial of due process because we don’t get served a summons and therefore cannot have a jury, legal representation or the permission to enter motions into the case as I tried. It all fell on dead ears and that is how they obfuscate their constitutional obligations to the citizens. There’s too much else to write here but what would be your advice for as I go to appeal on how to avoid the case seeming frivolous and futile and how to avoid the failure to state a claim because that seems to be the court’s easy little trick to deny justice to cases they may have a bias against.
Melissa Gold says
Hi, Amy. I’m sorry you’re going through this. Unfortunately, there’s not enough information here for me to make a suggestion about what you should do or how to proceed. It definitely sounds like you need a lawyer to sort this out, though. You are welcome to use the Enjuris law firm directory to find a lawyer near you who can evaluate the evidence, the claim, and will know your rights and obligations for this particular situation. Yes, the pandemic has definitely caused delays and some issues within the legal system, but most lawyers are still up and running so you should be able to find someone to help. Best of luck!
Melissa Gold says
Hello, Mr. Syroka:
I’m sorry you’re going through a hard time. It sounds like you might wish to consult with a constitutional scholar or expert for your appeal. It’s hard to suggest how to proceed without knowing all the facts. But, if you feel that your constitutional rights are being violated, you should probably contact a lawyer who specializes in constitutional rights or property issues. Best of luck!
Farawaysue says
I have just filed my third lawsuit in 6 years against the HOA where I have lived for 16 years. I dread being known as one who files ‘frivolous’ lawsuits. The Board President is already telling the community I am nuts, crazy, and will be sued for legal fees, loose my condo, and be kicked out of the community. The first lawsuit was to protect myself against a man stalking me every night as I walked my dog. He and the Board President would openly laugh about how much they had scared me in their efforts to drive me from the community. The next lawsuit is still in the Courts…I experienced 12 sewage floods in to my home, leading to a high buildup of toxic mold. My two sons and myself became increasingly ill. The Board refused to take action despite numerous documented requests over 2-3 years. Yet when my neighbors experienced exactly the same broken sewage pipes and had them replaced immediately. a lawsuit was the only way I could get mine replaced…Both my sons died of septicemia and I have been ill ever since. Now the third lawsuit has begun- this because wasps destroyed the power lines outside and around my AC unit, which sits in an outside space shared with other AC’s. Bug control and landscaping (raking leaves, et cetera) are supposed to be included in our monthly dues…but the damage was so extensive that I was without all power for 2 days, during a severe heat wave. Electrical emergency repairs inside and outside my condo cost me nearly a thousand dollars..because of the wasps that should have been killed during normal monthly bug spraying. I feel on the verge of tears most days because of this calculated gross neglect…I dont know what else to do except to repeatedly sue to get results….I am now being accused of making too many frivolous lawsuits. My car gets scratched and dented weekly. My plants have been ripped out and my private property destroyed, all at the encouragement of the Board president…The lawsuits are not “frivolous” but there are a lot of them…What else could I-should I do to handle such situations? If you reply please email me so I can read your response. Thank You. P.S. I am 77 years old, disabled, and live alone. Yes, I cry a lot over these situations but have no money to move away from here.
Farawaysue says
Oh! I forgot to mention that the same Board President stands at the entrance and makes obscene gestures as I pass by in my car. She knocks on residents’ doors to warn them not to befriend me or be seen talking to me…she calls me a ‘most undesirable’ resident who should be kicked out of the community. although my home is neat and clean, and I rarely if ever socialize with anyone in this community. I stay to myself, but this latest attack about my “frivolous” constant lawsuits has upset me ..
Ms. Thorns says
My ex husband sold our home without my consent . Even though he breached our marital agreement and forced the home into foreclosure a year before our marital agreement was up , to make sure my son and I were destitute as revenge for me moving on , the “new owner” communicated she would give us 3 months to move out . Then that same night , she serves me a 3 day notice to quite on a property we’ve lived on for 7 years . After we couldn’t agree to a move out date , I requested that she get an unlawful detainer and legally evict us . To allow me and my son adequate time to move out / defend ourselves . After I asserted my legal rights now as a “tenant” she retaliated with criminal claims and to have me restrained and removed from the property via ex parte , and is suing me for 6,000,000.000 for emotional distress and “damages.” Her ex parte was denied by the judge and was advised to file an unlawful detainer to properly evict us off of the property . She has also turned off our utilities (which my ex was responsible for until he sold without notice ) the new owner is stalking our home and vandalizing the property (stealing plants from front yard , snipping water feeders on lawn) to make it seem like I am vandalizing the property . All To support her lawsuit . She bought the home via foreclosure and has not even seen the home or it’s true and current condition . The agent and my ex lied to her to make a sell . And has advised her to criminalize me for damages . My ex neglected this property 2 years ago . And since I refuse to let her “the new owner” on the property without a court order , her and her attorney and the agent are being extremely aggressive to a innocent single mother . Is this considered a frivolous lawsuit . The stress sent me to the ER for abnormal bleeding and weakness . I had a triple period (3 weeks of abnormal bleeding) over extreme stress . I believe all involved are racist and prejudice . And they harass us because she wants us to move out immediately and without trial because she knows the sale was unethical . And my son and I are survivors of domestic abuse . (Poisoning)
chris says
I hired a concrete company to build the foundation for my house. I paid them in full by check and visa I have proof of both payments. they are suing me for non payment. now I have to file a defense which involves paying a lawyer. I have no idea why they are doing this.
Ian Pisarcik says
Chris,
As long as you have proof of payment, this should be a relatively simple case for your lawyer (or even for you if you decide to represent yourself). It may be as simple as your getting on the phone with the other attorney. What’s more, you may be able to receive attorneys’ fees (i.e., have the other party pay for your attorney) if there’s an attorney’s fee provision in the contract or the lawsuit is frivolous.
It’s possible there’s more to the lawsuit than nonpayment (perhaps there’s a dispute as to the specific amount owed?), but it’s impossible for me to say without looking at the complaint.
Anne Stiles says
My adult son,witnessed an accident 5 years ago at a multi-lane intersection. A 15-year-girl road her bike across the crosswalk in front of my son’s stopped vehicle and against the red light. She hit the side of the car to my son’s right as that man was proceeding straight through on the green light. My son stopped to help the girl and, despite her pleas not to notify authorities – because her parents would be angry with her – he notified police and waited with her for them and the EMTs to arrive.. He gave a witness statement to the police and headed home. After many months my son was notified that the girl’s family is suing him for “waving her across” the intersection. My son did not do that. During depositions, another witness indicated that the driver in the car turning right from the perpendicular street – so would be crossing the crosswalk to the left of my son’s car – was the individual who waved the girl across. That car, however, had left the scene and no one has been able to trace that driver. Now my son has received notice that he must appear at an arbitration hearing. This whole process have been going on for years now, and continues to cause my son extreme stress. I’m wondering if he has any recourse against the people who are harassing him with an unfounded accusation and frivolous lawsuit. Thank you.
Fed up says
Waterfront home sold in ‘as-is-where-is state (AL).. Bulkhead failed after marine contractor began modifications on original boathouse 4 months after the sale. .Buyer sued seller for replacement of bulkhead and boathouse replacement and pain and suffering. Can seller claim frivolous lawsuit and recover legal fees? $37,000.00 at this point. Case has not been settled.
Ian Pisarcik says
I’m so sorry this is happening to your son. Unfortunately, proving that a lawsuit is frivolous is very difficult. To be frivolous, a lawsuit must completely lack a legal and factual basis. In this case, even though the plaintiff may be wrong about the facts, it sounds like someone waived her across the road. What’s more, the person who waived her across the road could, in theory, be at least partially at fault for the accident.
In other words, even though it sounds like the woman will probably lose her lawsuit, it’s probably not frivolous.
Nevertheless, it may be worth talking to an attorney in your area who can review all the details in your case and determine whether there’s any merit to a frivolous lawsuit (or whether there is any other option to recover attorneys’ fees).
Kassi McAllistar says
My former roommate began showing signs of schizophrenia in 2015 and over the course of two years threatened my family, broke into my house & tried to strangle me, threw a boulder through my front window, broke out all the windows in my car, and attacked my son. All charges were eventually dismissed for mental incompetency. Subsequently he has been arrested for felony vandalism, terrorism (posting videos of how to build bombs from household materials), violation of restraining orders (more than two people), and assault. All charges dismissed. During this time, I was interviewed by the local TV station (not identified nor pictured) and stated that I was afraid he was going to kill someone or kill himself if he did not receive help.
Today I found out that my employer, the TV station, and I are being sued for “a zillion dollars and all property” by this person, claiming that my statements were terrorism because I was attempting to take away his freedom.
How can something so ridiculous even get filed? I can’t believe the court didn’t immediately dismiss the filing.
EDWARD GRANT says
a company withdrew money from my bank account 7 different times one day ,without authorization. until my account was empty and over drawn. i reported the incident to the bank,, to the police, to the company, to the district attorney, and could not get an arrest warant for this person. they said it was civil, so i file a lawsuit in civil court and ask for help. no lawyer would help me no legal aid would help me. i don’t know the law about fraud, but the court said my claim is adjudged as frivolous and close my claim. i presented factual evidence in support of my claim. to the court, the court denied my evidence and mooted my evidence, which came from the people who violated my constitutional rights. i need help but no one will help me because the company and the owner is to big and above the law.
regina phalange says
I’m currently litigating a case of a home I sold over 5 years ago. The current owners are having structural issues and are suing me for over $40,000, claiming fraud. They had multiple home inspections and our purchase agreement had a two year statue of limitations, so the lawsuit was ultimately dismissed.. But now I’ve racked up nearly 6 grand in attorney fees. What are my chances at winning some of this money back in court?
Russell says
I have someone who is trying to sue me for TCPA violation for a phone call that was place to him by my company. He is trying to sue the company and me personally. When I provided the opt-in record (which was for another client that inputted the number wrong on the initial request on our website by one digit off), he still wants to pursue the lawsuit.
This seems like a frivolous suit to me, since the situation was explained and was clearly just a mistake. I will be out thousands of dollars to fight it, and certain to win.
Do I have the right to sue him back?
Gillian d says
My company completed work on a shopping center roof – all was satisfactory until the Center closed.
Redesign structural work was started by a construction firm causing significant damage to the roofing project which was in mint condition. My company was called in to repair the roof which had many large holes where a perfect flat roof was. We tendered our estimate and were urged to commence repairs immediately. We requested a contract and one was promised to be forthcoming. Based upon this my company ordered materials and followed up on the promised contract and a deposit which is usual practice. The issue was avoided and not forthcoming when we protested and withdrew our labour we were banned from the site and informed we would be sued – is this classified as breach of contract on their part and a frivolous law suit – the owner is now accusing our company of creating the damage! They are a powerful company we are traditional and honourable taking word as bond – am I correct in my opinion that a verbal contract is binding? The cost of materials alone have placed our company and valued employees in jeopardy.
Any witnesses would be in the Owners employ and be biased even if not pressured in fear of losing employment in this crisi.S. We would value your opinion as whether to try for restoration of contract, – asset protection -May give up if nothing to win or counter suit for damages Reach of contract procuring services fraudulently frivolous lawsuit loss of earnings
Thank you for your kind attention, I hope you will respond
Yours sincerely
Gillian D
Kenzie T. says
While we were in a serious relationship, an ex-boyfriend of mine offered to buy me a car and pay off my student debts, but I refused for several months. Eventually, he convinced me to accept his offers. He didn’t have a job, but had won a very large sum of money from a lawsuit he won against his previous girlfriend (which I believed he deserved because he was constantly telling me bad things about his ex). I have a promising career, and he told me not to worry about paying him back, because one day I would help provide for us both, and that would be enough. Well about a year later we broke up (it was semi mutual but it was more his doing). I told him I felt it would be the right thing to pay him back over time, but that it was going to take some time, as it was a lot of money. I started by listing the car for sale. I listed it online, met with potential buyers, and even bought a premium listing for it on autotrader. A few weeks later, he told me he had already blown through the lump sum from his settlement, and was desperate for a large amount of cash. The car hadn’t sold yet, so he asked me to get a bank loan on the car and give him the money. So I did. Four months went by. It had been a very difficult financial year for me, and I was now paying the bank loan on the car. I was promised a promotion at work that I didn’t get, and as a result was unemployed for 7 months. I constantly stayed in touch with my ex, letting him know about new developments with work and estimating a timeline on when I would be able to start paying him again. I got a new job finally, and payments resumed. At this point I had given him over half of what he had given me. But he told me it would show him good faith to agree to a payment schedule, so I typed out a very long and detailed payment plan. In it, I highlighted a best and worst case scenario on when I could pay the whole thing back, as well as committing to a monthly minimum payment. I also included self-imposed financial punishments for late payments, and said I could be held liable for legal action if I missed more than one payment in a row. He was unsatisfied by this, and demanded I send him all my bank records and credit card statements so he could assess how much I could afford to pay him every month. I said this was unreasonable and I would not do that. I sent him a signed and written agreement based on the previously mentioned payment breakdown, and told him that it was all I could promise to do every month. I am a freelance worker and every week/month is a different financial story for me. Some months are very lean, and some months are much better. Some stretches are very consistent and some stretches are much harder to find a job. I didn’t want to promise something to him that I couldn’t keep, as that wouldn’t benefit anyone, but I did want to pay him back as much as I possibly could whenever I could. Still it was not enough.
Anyways, after sending him that agreement, I received a notice from a lawfirm representing my ex that I was being sued for fraud, demanding the full amount back. He has spent his time since we broke up harassing my friends. He’s even told them his version of the truth regarding this situation with the car and student loans and now lawsuit in an attempt to turn them against me. I think he’s still angry at me about some trivial things that happened in our relationship and wants to control and ruin my life, and this is his way of doing it. I also found out his new girlfriend is very well off and is bankrolling his lawsuit. Could this be considered frivolous? We never had ANY agreement in place regarding me ever paying him back when he gave me that money. Isn’t that considered a gift? I had offered to pay him back because it was the right thing to do, but that was not a condition on him buying me those things, nor was it discussed until after we had broken up. In fact, a couple times in the relationship I offered to sell the car and he vehemently said not to do that. Do I have a case to countersue, assuming I win the initial case?
Melissa Gold says
Hi, Kenzie. If your ex-boyfriend gave you money and a car with no contract or agreement to pay it back, and if he received nothing in return, it is a gift. However, this is complicated by the payment plan you drafted. Without being familiar with the document, I can’t say if it’s a contract or if it’s enforceable but it sounds as though you should have it reviewed by a lawyer. If you need assistance, please feel free to use the Enjuris law firm directory to find an attorney who can review your case. Best of luck!
JR says
I was served a summons and complaint last year and responded well within the appropriate time allowed. for a civil case involving a real estate issue. In a few words, I agreed not to foreclose on a gentleman in exchange for him simply signing the appropriate paperwork back over to me to regain ownership of the property I had been holding a promissory not on which he could not repay. I then agreed to help him financially to relocate and essentially it was once called “CASH FOR KEYS”. I ended up paying off his debts to related parties associated with the property and lastly gave him additional money to help him out. So I kept my word, preserved his credit report by not proceeding with the usual foreclosure process as I realized he did not have the funds for that. He had misrepresented his ability to pay a large note which had come due, and then voluntarily agreed to return the deed. So… getting back to the case… a few weeks later, I received a notice stating that the case was nearly entirely dismissed however they were allowing the plaintiff’s attorney to restate the case. So time passed and Discovery started and once again i responded and had the response to their interrogatory notarized and furnished an extensive detail of “the money related to the case” then my attorney took it from there. Next, our turn to send Interrogatories to the plaintiff and his attorney and we did this well within the timeframe to do this. I was told that their responses were to have been received by the end of the month of July. While I did receive a copy of the actual interrogatory questions we were asking, I did not receive any confirmation back that they had responded by the specified time. Nor did I ever receive any copy of those answers if they indeed were returned to my attorney. So a few weeks later, my attorney calls me and essentially trying to put words into my mouth something to the nature of “You’d prefer to just get this settled and I will investigate possible use of mediation”. So now some 90 days later I am notified that a date for mediation has been set. I also had requested an accounting of how my retainer had been used and never received any written statements. I am feeling a bit perturbed about a number of issues about how this matter has been handled and now proposed to go forward using mediation. While I KNOW that I responded in a timely fashion every step of the way, it has caused me to think – what ARE the consequences IF the answers which were due late in July WERE not received back on time and perhaps this alone might be a technicality being more conveniently blamed on COVID and the backlogs etc. I feel this should be looked at more closely to see if that might be grounds to have this entire matter dismissed vs considering mediation. There are several other major concerns which I have which have somewhat caused me to loose a bit of faith in the attorney I retained. Attending mediation involves preparation beyond just “how to use Zoom on your computer” or a few minutes discussion with a paralegal. I have concerns about how WILL the briefs be properly prepared and presented for the actual mediation date. I know this a somewhat wordy post -I am really just trying to gather some other opinions or suggestions as this is the first time I’ve ever been sued. I have heard it said that no good deed goes unpunished and this has really dragged on far too long in my opinion. I took responsibility to help him out, extensively renovate and ultimately made the property much better and ultimately someone purchased it. So to get sued after keeping my word and seeing the possibility of punitive and compensatory damages thrown on top of it all.. really is disheartening to say the least. Any suggestions greatly appreciated as I am seriously considering releasing the current attorney and finding someone who WILL look at this with a different set of glasses to possibly help me learn more!
Chris says
A random RV broke down on a Connecticut Highway. The tow company came to pick up the RV. The owner of the RV refused to pay for services rendered. I’m being sued because the county got the paperwork wrong, and my business which is a bus company in NY is being sued even though I was not there and had nothing to do with the incident. The plaintiffs lawyer has yet to drop the suit against me. They have confirmed over the phone that I had nothing to do with it. It has caused me mental distress. I’ve received numerous notices that I have failed to appear in court and there will be a judgement against me. Can I sue for malicious prosecution?
Ian Pisarcik says
Chris,
It’s hard for me to know whether the lawsuit would rise to the level of a frivolous lawsuit without knowing the details of how the plaintiff came to name you in the lawsuit. If the plaintiff has sued the wrong party, getting the case dismissed should be relatively easy and will save you a lot of trouble. If there is a court hearing, it’s important to show up and explain the confusion to the judge. If you’re unable to do so, I would reach out to an attorney who can file a motion to dismiss the case against you. In many cases, the plaintiff is responsible for paying these attorneys fees.
Chris says
Hey Ian Pisarcik,
The plaintiff got my information form the county clerks office but the clerk gave the plaintiff the wrong information. My bus broke down on a highway a few days prior to the date the defendants RV broke down on that same highway.
I hired a lawyer in Connecticut and he got it taken care of. It’s a shame I had to pay to get this dismissed. Thank you for your help!
Darina Brackney says
I am currently involved in a frivolous lawsuit in which my stepfather is suing my husband and I for property located in the Bahamas that he had sold to us in 2015. His claim is Abuse of the Elderly. Please note that we were not his caretakers. We in turn provided him money, made improvements to the property, etc. This was a legal transaction done in the Bahamian Consulate in Florida. His claim is that he was blind and did not know what he was signing. Well he not only signed the documents for the one property but then again for the second property six months later. Again, both properties were legally signed over to us and done in the presence of a notary.
Fast forward….we have been fighting a case where my husband and I have done everything to show that his claims are not true. We have answered every question that has been presented to us but have not received any answers from our many interrogatories submitted to him. Basically, I have been fighting a case against myself if that makes sense.
My stepfather passed away in 2018 without providing any testimony and we are left with fighting a case against the executor of the estate which has zero knowledge of what transpired. I have been the only one in this case to move it through the courts to end it which has cost me over a $100k in attorney fees at this time.
This case is based on lies. Our reputation is destroyed. The lawyer that represented him, and now is currently representing the executor, had to know this case was based on false accusations and still proceeded to represent this case.
My question to you is is there any legal recourse to sue the attorney who continues to pursue a case knowing that his client was not truthful? There is proof that my stepfather was not truthful and I know that his attorney knows this as well.
My court date is currently scheduled for April 2021 and I’d like some advice as to how to proceed once my case is closed.
Thank you for your time.
Alicia Ruhle says
I need advice moving forward. My ex husband is continually behind in both child support and alimony (Post Spousal Support, PSS in NC). I continue to file motions for contempt for each violation of the court order. We don’t go thru the state for the payments they are privately paid by him deposited into my bank account. Because he is in serious trouble for the contempts and acts out to deflect his actions, he has filed one motion of hearing in civil court for a protection order stating I was harassing him and that he believed I was a threat. We went to court, I provided the court all my emails and texts to him showing I have only contacted him asking about delinquent payments and dates of when he planned to pay. He works for himself and has the mind set if I don’t work, he don’t have to pay. The judge laughed at him because my printed texts and emails shows I make NO contact when he pays and I only contact when he is delinquent. Also neither of us have a lawyer to contact and communicate with on each others behalf, as we both cannot afford one. The judge dismissed and stated that is not harassment and or threatening or a danger to him and or anyone. This was about 5 months ago. Now he is having me served again in criminal court for for more frivolous charges (unknown as I have not been served yet. They tried to serve me and I was at work and my oldest son answered the door and informed sheriff I was at work. I called the clerk of court to see if there was a court date on file (as I was assuming he was going to try and have the payments reduced and as he stated in texts refunded….LOL…. he filled before but judge told him to have it rescheduled as he was only hearing the contempts he was charged with). He continues to do anything he can to destroy me. He doesn’t acknowledge this directly affects our children and as he attacks me by not paying and having in and out of court so often that I am missing work, time away from my children to prepare and appear in court. As well as deformation of character in his attempts to bring me down.
As a background I left him back in October 2016 for verbal and mental abuse. I utilized the women resources in my area to gain advice and a plan to leave as he would not allow me to leave with our children. He kept us away from friends and family for many years. He has narcissist behavioral disorder and bipolar but refuses to be treated by medical professionals so he drinks and uses street drugs instead. After my lawyer and his (he went through four as they all quit on him because he didn’t comply with paperwork and responding to their requests of paperwork) put out one “fire” after another he made issues with me over “abandoning him and stealing his children” I have spent over 30K and now I can no longer afford to pay my lawyer (whom said I didn’t need her as I am capable of preparing and representing myself, as I prepared most of my own during her representing me) He hasn’t paid for over going on 6 months now and his payments are more than half my income.
I continue to work and work side jobs to make what I can. I have advanced in my work as I took whatever job I could when I left him. I then found a better, then a better one. Trying to have a real career and show my kids to be independent. However I worked for him in our business for most our marriage (15years) at which when I left he fired me.
What legal action can I take (and file and handle myself) to get him to stop all the frivolous motions? I need to be free of his controlling and negative actions so my children and I can build a lives for ourselves. Any help advice, suggestions, resources are welcomed and appreciated.
Spencer B says
Hi Ian,
I am curious to hear your legal take on the lawsuits from the trump campaign, which are too many to list here. Most of them seem to be fishing expeditions. Have they not risen to the level of the lawyers or plaintiff’s getting in trouble for this? Or are they given a lot of leeway because of who is bringing the suits? There has been quite a few that have given stern responses about why they dismiss them. Thank you for your thoughts.
Baba says
Hello
I was sued for adverse possession in 2017. I won the lawsuit with prejudice. The plaintiff then appealed. After two appeals it ended finally December 30th of 2019. Directly after losing the appeal he filed another lawsuit against me claiming that the very same land he previously claimed was his own was now owned by the public in the form of a public right of way. He is now suing me for blocking a public right of way and elder abuse as well as trespassing . I consider this financial abuse and miss use of the law??
Melissa Gold says
Hello, Baba. This sounds like a complicated situation. You shouldn’t be able to be sued twice for the same cause of action. Res judicata is a legal concept that says that once a dispute has been resolved by the courts, it can’t be take up again because the court’s decision is certain and final. However, it seems like perhaps the plaintiff is suing you on a different cause of action. How the court would handle this will depend on the facts around each of these causes of action. You can seek counsel from the lawyer who handled your previous lawsuit or seek the advice of a new lawyer if that’s appropriate. Best of luck.
Philip C. Brown says
A large national insurance company is denying me compensation due to their attorney advising the homeowner to LIE at the jury hearing in Danville, PA. By the time I had a talk with the homeowner (at a grocery store); I was told not to contact her, She was upset that the attorney told her she would lose her home if she told the truth about the circumstances of my back injury.- but the statute of limitations had now expired.
I feel the insurance company MORALLY owes me a settlement as they would have paid one if the attorney hadn’t told the homeowner to LIE; are there any cases where this has happened? Thanks. & Happy New Year.
Celeste Frenere-Wittman says
My neighbor, who has had numerous run ins with the HOA of varying degrees, made false accusations against me and several neighbors in an attempt to ‘justify’ their bad behavior. The accusations are ridiculous; ranging from stealing and then returning property, to stealing water from their garden hose. They have no proof, dates, times or etc. for any of the accusations, but state in their complaint that the actions noted were a part of a conspiracy to harass them (because the neighbors don’t like them). Being that I have always been incredibly nice and have never had any issues with them, the turn of events is distressing.
Can they actually sue, and if so, would this be considered a frivolous lawsuit? Is the burden of proof on the plaintiff? If yes, can I countersue for malicious prosecution and employ FLA statute 57.105?
Alinka says
Well was t really frivolous. But unjust
I had taught all day. Got home picked up our kids … the call came in from the library..? Huh?
Told me to travel to hospital an hour away( I lived 5 mi utes from university hospital)
.. a speeding cop after his shift in a cop car had smashed into my husband crushed him to death we still do. It know where he died!!!! A couple weeks later … a man came to our door. The police sued me. Now the defendant for 10 million dollars the cop with a history went home that night he was airlifted to the hospital near my home I never heard from my lawyers again I was threatened by police to say nothing. Or else… they’d slap another lawsuit My husbands crime. Failing in civic responsibility and yielding to police car.
I never had a day I. Court lawyers sold me out I had to pay all our insurance to the killer cop. I got not a penny . Who cared? No one. I had to pay the cop who killed my husband. He got away with negligent murder. He had power prestige and county lawyers no match for working class. No one cared. I called sl
sharp ton. ACLU all Congress.Hillary Clinton.
Media. Oprah Winfrey. All said. Tough luck for you period
Melissa Gold says
Hi, Alinka. I am so very sorry to hear about the loss of your husband, but I appreciate your sharing your story with Enjuris readers. If you feel that you’re interested in pursuing any lawsuits related to your husband’s death, you can use the Enjuris law firm directory to find an attorney in your state who is able to assist you in moving forward from this tragic event. Again, thank you for sharing. I hope you and your family are able to recover and move forward. Stay well.
Doris says
on May 1, 2020, in the middle of the pandemic we let go of an employee for obvious staff reducing needs as well as incompetence. We are a travel agency whose business has been decimated by Covid 19..our business is still about 90% down. The employee claims we owe her three years of overtime as she claims she worked 50 hours a week and was never paid. for the 18 months she was hired as part time 32 hours a week so how could she be owed OT? when she was brought on as full time she often clocked in with overtime and it was always paid to her (we have the Timedox and pay stubs) so how can she claim this? Finally she says she was not paid when she was let go but we also have the check stub that she was paid the last week she worked plus an extra week and 4 days of untaken vacation time. If everything she is claiming is not even close to being true and can be easily proven is this not a frivolous lawsuit?
Red Cloud says
I’m being sued for fraud for living on funds in my bank account that were deposited from my IRA. The Plaintiff alleges that, by doing so, I have defrauded him from collecting on his expired judgment obtained in 2014. In his 2014 writ of garnishment, my bank allowed him to take $1300 that the bank couldn’t trace to my IRA or my Social Security (the bank just didn’t go back far enough). The bank left $3500 in my account, and a subsequent hearing, the Justice Court did not disturb the Bank’s decision. Now the Plaintiff is trying to evade the statue of limitations by claiming the transfers are fraudulent.
I need to know if IRA funds are fair game for garnishment once they are withdrawn. Also, two close friends are being sued with me in Nevada for accepting checks drawn on my bank account holding the IRA funds. One lives in Florida and received a check for $2000 written on the $3500 left in my account after the garnishment. This seems like blatant harassment.
We can’t afford a lawyer. What to do?
Red Cloud says
I’m being sued for fraud for living on funds in my bank account that were deposited from my IRA. The Plaintiff alleges that, by doing so, I have defrauded him from collecting on his expired judgment obtained in 2014. In his 2014 writ of garnishment, my bank allowed him to take $1300 that the bank couldn’t trace to my IRA or my Social Security (the bank just didn’t go back far enough). The bank left $3500 in my account, and a subsequent hearing, the Justice Court did not disturb the Bank’s decision. Now the Plaintiff is trying to evade the statue of limitations by claiming the transfers are fraudulent.
I need to know if IRA funds are fair game for garnishment once they are withdrawn. Also, two close friends are being sued with me in Nevada for accepting checks drawn on my bank account holding the IRA funds. One lives in Florida and received a check for $2000 written on the $3500 left in my account after the garnishment. This seems like blatant harassment.
We can’t afford a lawyer. What to do?
Mary says
I was in a car accident two years ago, the other driver filed a personal injury lawsuit before the end of the period in which in California is two years just a few days before the accident date. The accident was deemed 50/50. There was no police report filed because how minor it was, both of us were just fine. The paramedic’s were on scene along with the fire department because it happened during a trump rally and the other driver said he was fine that he wasn’t hurt. Both of us were deemed healthy and neither one of us taken to the ER.
Now he is suing me about 40,000 for personal injury that he sustained but neither one of us were harmed from this accident.
And I am wondering if this is considered Frivolous because of the lack of injury that was from the accident and from the police not filing a report on the accident. And the plaintiff blaming this accident on medical treatment that he had to get over 6 months after the accident.
What would be my best option to handle this lawsuit?
B tessa says
Our neighbor is suing us for taking down a dead tree that was exactly half on our property line and ours. We had a certified Arborest that came out to inspect the tree and told us that it should come down. We were told that if the tree was endangering us our lively hood or property we had the legal rights to remove it. We have property markers to prove it. Should we get an attorney? We have before and after pictures to prove our case.
Kayla Taylor says
Hello and thank you for your help.
I have a protection for abuse order from my daughters father. I filed a parental rights case over 6months ago. He has supervised visitation and must comply with an agreed to order of drug and alcohol testing. He isnt complying or participating with visits. Recently he has requested a genetic test because he wants to finally dispute whether hes the father. Child support has yet to be enforced and hes never paid me a dime. I have proof of this. Anyway if the genetic test comes back that hes not the father can he sue me for lawyer fees? Can he sue me period?
Alex says
During my former employment I had a small fender bender rear end accident. I rear ended a double parked USPS small truck due to my view being obstructed by a left turning truck trailer as well as bad brakes (more on that later).
No injuries, no damage on my work vehicle (no claims), a broken headlight on the USPS truck (because another vehicle was double parked in front of the USPS truck and the USPS truck struck that double parked vehicle in front of it from my vehicle originally hitting the USPS truck.) This was during work hours.
Almost 2 years later I get served with summons to answer a personal injury claim where me and my former company are defendents.
What do I do? What are possible outcomes? That former employment ended not bad, but not greatest of terms. Should I get my own lawyer? 1 lawyer gave me a 7-8k price tag. I have no way of contacting insurance since I don’t have their name and would have to go through my x-boss who I am not sure will even respond or be lenient in providing then insurance information. I believe this to be totally frivolous. Am I wrong? What kind of answer should I file in response?
kate says
I am in a lawsuit right now(I think). I have been served by my sibling that they are suing me because of my parent’s will. The thing is the will was shown to the executor and nothing was said nor they did nothing about it (if it was a concern???) They had a lot of chances to say so. This is why I am asking if you think it’s an frivolous lawsuit I might be in. It sounds like a lawsuit when a will is involved, but here’s the thing.
I have responded to the complaint and for 6 months (in the beginning)I was being hammered by them with motions. I declined all. I wasn’t going to settle the lawsuit and give them what they don’t deserve( according to my parent).
I am the one that sold their home to go live with my parent, I am the one that fix their home for them. I am the one that cared for them when they were dying at home, without their help, just a phone call for updated.
I am the one who paid for their funeral.
The sibling that had served me hasn’t been back to this home in 40 years, no help with our parent when needing help.
So now it’s been over 1 year and I haven’t heard from their lawyer and also reaching my 2 year limitation and nothing on the home front.
All my proof is on the table and they have seen what I have presented. I am still waiting.
Was this lawsuit out of anger and now they have nothing to say anymore.
Or is it a frivolous lawsuit to see if I would cave and give into their demand?
What do you think?
Janie says
I have a friend who went thru a divorce who’s then husband had her falsely arrested in several counties. He stole a vehicle which she had sold during this time. He ruined her business to the point she had to close. He has now filed a lawsuit against her saying that she had him falsely arrested. He was arrested for stealing the vehicle but charges were dropped because of the divorce proceedings. Does she not have the right to file against him now. He is doing this out of spite with no truth and absolutely no legal facts. He admitted to doing all of this to her during the divorce and was charged with perjury at 2 oc the cases.
Pawn says
How hard is it to sue a lawyer for a frivolous lawsuit? A case which has been going on for 5 years which I am a defendant. I learned later that this particular lawyer won a judgement against the plaintiff who is now suing me and expects to win the case so that he can retrieve what is owed from a prior case in which I was not involved in nor was aware of.. The plaintiff is now deceased but the case continues due to this lawyer. We are preparing for trial as I write this and while my current attorney is directing me to make an offer of settlement as to not spend more in legal fees, I have done nothing wrong. I have continued to fight this case (over $100k in legal fees to date) and looking at another $30k or more to bring trial. Can a lawyer continue a case knowing that his client was not truthful?
Jenny Field says
My neighbour is taking me to court for £21K for the fence that I took down from my land, that she incorrected had fitted without my consent.
She took down my fence from my land and put her one over further onto my land, taking away my gate posts and fence post. I had 2 surveys and mediation between her son-in-law and my friend, and she admitted liability, but then changed her mind and contacted a solicitor. Her solicitor was not given the full facts of her boundary, and she has not got a VAT invoice for the fence from her contractors, but keeps threatening me. I am a litigant in person, as the solicitors fees are extortionate, and I am a pensioner, using all my savings to make my land safe from all the holes, she says I am covering up the evidence!!
Anna says
I am a tailor for wedding dresses, last year a client wanted a plus size dress fitted to a size 0-2 in less than a week, it was possible but she didn’t like the result (it was not damaged, just looked now in proportion to her size) and now claims a surprise hole (inside the dress) was there in order to get around 7000 in damages because of her „trauma“ i must add this woman rejected to call me to repair that hole, rejected to come the evening before to try again the dress… made these claims only 5 days after her wedding and now results that because of Corona her big wedding was actually this year but i apparently ruined the most important day of her life last year.
Now i‘m dealing with this still.
Nancy says
I wrote a letter challenging the last election of our road maintenance Corporation. In return they have sued me for writing them a letter. Is this considered a frivolous lawsuit?
Jason says
I have had two debt collection suits recently with the same junk debt collector. Both times I answered the citation and was no showed in court. Would malicious prosecution, libel and slander be valid causes of action to pursue several suits against them?
Ian Pisarcik says
I really can’t answer this question without seeing the contents of the letter and the cause of action in the complaint. Remember that it’s incredibly difficult to prove a frivolous lawsuit. You generally have to show that:
(1) The opposing party filed a lawsuit (or initiated some other “legal proceeding”) against you,
(2) They did so for an improper purpose, i.e., to attempt to accomplish something other than simply winning the lawsuit,
(3) There was no legal basis for the lawsuit, and
(3) You were harmed as a result
It’s much easier, on the other hand, to simply have the lawsuit dismissed if their argument cannot be proven.
Dada says
Hi, I am being sued by a backyard neighbor who has been harassing me for years. She is now suing me because my security cameras have invaded her privacy. She claims I am filming her in her house, her car as she drives down our street, and when she walks pass the front of my house. She doesn’t need to pass by my house to go home, yet she keeps showing up and now claims she is emotionally distressed by me filming her. Is this a frivolous lawsuit?
Xorital says
My wife had a situation where an infant was injured under her watch. The parents sued her AND ME despite me never meeting them.
John Andrews says
Me and my girlfriend, at the time were, traveling out of country. We got into an argument and she ended up calling the police claiming that I was violent and abusive. After conducting their investigation they found that no crime had been committed and we were both left at our rental together.
Two days later, she flew back to the states and I have not spoken to her since. She has constantly messaged and called me and I have not responded. In some of the messages, she has said that she was injured and had to goto the hospital when she was back in the states. She has even went so far as to threaten me with a lawsuit. Would this be considered a frivolous lawsuit?
Andrew says
Hello, ex wife has filed civil tort in Indiana against me. Her pleadings are scandalous in nature and have already been adjudicated in divorce court where she has filed an extensive amount of motions. Subsequently she was ordered to pay a portion of my attorney fees for such.
She has filled civil suits against me and our son in the past that were dismissed by the court before our first hearings. (At least 3)
She is currently suing our divorce court judge and police dept (unrelated) she has also filed a protection order against our judge in the hopes he would not be able to hear the case any longer.
That being said she was granted a change of venue after final order. I wrote this to show the lengths she will go to abuse the system.
I can no longer afford an attorney and especially one for the civil tort.
My question is what can I do to stop her frivolous law suit or any future ones?
Indiana doesn’t seem to have a vexatious litigant statue.
Thanks,
Joan says
I have offered to pay my ex half the property value minus half estimated real estate costs and half home improvement costs so I could get a quitclaim from him and keep my house.
He has not responded, his attorney has not responded (not even with a counter offer) and now I am being sued for an action of partition.
Would this be considered a frivolous lawsuit? I was forced to get an attorney due to lack of response and now face a court battle.
I have offered (and instructed my atty ) to negotiate terms, with no response.
I am offering to buy him out at fair market value, or to return his full investment, whichever he prefers.
Jonny says
Hello,
I am currently being sued by my neighbors for harassment, defamation and discrimination. All of it is made up and in their mind. I have filed multiple police reports for them harassing my family, which have not resulted in any action from them.
Now I have to waste money on a lawyer and the judge has given them multiple chances to resubmit their complaint, because they are pro se.
I feel helpless and if we filed a suit against them it would just cost me more money.
The below info I found on your site is 100% what is happening to us.
Why are frivolous lawsuits filed?
Sadly, frivolous lawsuits are sometimes filed by plaintiffs who are suffering from a mental illness. But in most cases, frivolous lawsuits are filed for purposes of:
Harassing the defendant. Being sued is incredibly frustrating. Even if the case is meritless, the defendant has to expend time, energy, and financial resources to have the case dismissed. What’s more, the defendant’s reputation might be tarnished if people hear about the lawsuit and assume it’s legitimate. For these reasons, frivolous lawsuits are often used by plaintiffs as a way to harass defendants.
Wanda Jones says
Been taken to court by a person who hears voices, see things, and says all her electronic devices are being hacked, even her car radio. All this is blamed on me. Now she is dragging me back to court claiming I am mentally insane. These frivolous lawsuits have been going on for 4 years. She is fixtated on me and will not stop. The suits amount to nothing but I am fed up. What can I do to stop this?
Melissa Gold says
Hi, Wanda. I am sorry you’re going through this. If she is suing you in civil court for damages related to hacking her devices (and you can prove you’re not involved), you should find a personal injury lawyer to defend you against her claims. If the claims are baseless and you don’t otherwise have other contacts with this individual, you might be able to get an order of protection. However, without all of the facts it’s hard to know exactly what basis she’s using to make these claims. The best thing for you to do is to find a lawyer who can advise you and help protect your legal rights.
Janet says
I received a cease and desist letter demanding I publicly admit that I lied when I said a certain person had made certain claims. Through my attorney I sent proof that the statements I said this person had made had in fact, been publicly posted on their Facebook page, and suggested he might wish to address this with his client, since we had proven that what I said was true.
Instead of responding to my attorney they filed for libel making the exact claims we had already proven false. We have moved to dismiss on jurisdictional grounds but this has already cost me ten thousand dollars. What’s your take on my getting attorneys fees back and/or sanctions? Oh and virtually every claim would also be barred by the statute of limitations as well as my statements being true.
Steve S. says
Hello,
I have a question about whether this could be considered frivolous on the part of a town decision to approve a building permit on an adjacent property whose property was not being protected from run off on an exteremely steep slope. This is in the state of Massachusetts.. The property owner prevailed in the first trial, then two years later the town approved basically the same plan again and the adjacent property owner won in court again, In the first hearing (which too much time has lapsed to file for compensation) the judge wrote, “according to its written decision, the ZBA’s only consideration of the slope was evidenced in its relaxation of precautions. The ZBA granted the applicant two waivers easing grade and drainage requirements while making no findings of fact supportive of such waivers and offering in the elements of its decision not a single word of explanation. The conduct of the ZBA was particularly troubling in light of its indifferent notice practices and its denial of an abutter’s reasonable plea for a further hearing date despite having ample time to accommodate the request. Under such circumstances, the decision of the ZBA is legally untenable as being both capricious and arbitrary. Consequently, the ZBA exceeded its authority.’
In the second case, a different judge wrote, ““The plaintiff correctly argues that the proposed grade violates the bylaw. Further the plaintiff produced compelling and credible evidence that the grade of 2:1 places her property at increased risk from increased water runoff, erosion, and construction related destabilization of the slope. The previous remand provided the board the opportunity to address this critical issue. It failed to do so. Under such circumstances, the decision of the ZBA is legally untenable as being both capricious and arbitrary. Consequently, the ZBA exceeded its authority.”
The adjacent landowner still can file for compensation for the second trial, and the town is considering going at it for a third time for affordable housing on property that is fundamentally unbuildable without within the price points of affordable housing.. Your thoughts on whether this could be considered frivolous in a legal sense would be greatly appreciated.
Pissed Texan says
My Husband had a 30%partnership with a “friend” in an LLC. The “friend” was responsible for maintaining the licensing and documentation with the state. My husband was running the business start up and not drawing any salary and the “friend” did nothing. Obviously this became toxic and when my husband found out that the paperwork was not filed correctly and the LLC was forfeit he walked away with all the personal affects and equipment he had brought into the business. The “friend” drained the bank account and pulled the contractor license further destroying the company’s ability to finish the one remaining contract the company had. Now that ‘friend” has sued us for millions of dollars claiming breach of fiduciary duty and theft in 3 separate lawsuits including suing my company (the wife) that has nothing to do with him. The “friend” even filed a police report saying my husband took all the money out of the account even though we have all the evidence from the bank showing that it was him and not my husband including the cashier’s check made out to him. We think he is doing this to try to financially hurt us and damage our reputation since every single statement of damage in his lawsuit are easily verifiable lies with simple bank documents and he has no evidence at all for any of his claims and refuses to produce any dragging on discovery because none exists.
Lauren Horowitz says
My husband had an affair in December. As a result of the affair I filed for divorce. My husband and his girlfriend repeatedly took me to court on unsubstantiated charges that were disposed of. They did this 8 times. As a result I have applied for jobs at several places and they keep asking the same questions have I been arrested. I have to explain that I’ve been arrested for the charges have been dismissed. Charges were dropped every time prior to trial, it’s preventing me now from getting a job what can I do about this?
Homeowner says
Very shortly after my mortgage was marked as ‘in foreclosure’ I tried to Cure Default. The lender refused (Even though PA Law gives very specific rights of Borrowers to “Cure Default up to One Hour before Sheriff’s Sale.”
The Lender then brings a Complaint in Mortgage Foreclosure for not paying the amount they broke the law and refused to accept.
Would this be a case of a frivolous lawsuit?
John Wilcox says
My COA has a contract with a property management company. The management company caused a damage to my home by not performing maintenance they should have done, and refused to pay to fix it. I want to sue them based on my being a third-party beneficiary. The management company tells me it’s a frivolous lawsuit. Comment please?
Melissa Gold says
Hi, Lauren. I am sorry you’re dealing with this. Generally, an employment application will ask if you have ever been convicted of a crime (which means found guilty). If the charges have been dismissed each time, then you were not convicted. If the application asks if you were charged with a crime, it should ask for some type of explanation. However, this seems like a question for your divorce lawyer. I would suggest that you call them and ask for advice based on your specific situation. Best of luck.
Laura W. says
I was issued a citation for no registration on a vehicle that was just purchased within the week. I signed the citation but the cop let someone bring me the bill of sale since I was 2 blocks from home. I figured the citation was thrown out and our courthouse was closed for COVID. They entered a default judgement even though the code of Iowa clearly states the previous registration is considered to expire when you sell a vehicle and that once a vehicle’s registration has expired you have 30 days to reregister the vehicle. I was granted another hearing but the prosecutor produced some code that I didn’t have time to read before the judge wanted my justification for wanting the ruling overturned. The traffic judge wouldn’t accept my read code dictating the registration expectations. I didn’t know I needed a hard copy of the number one cause for a traffic violation in a traffic court. This should be common knowledge. The judge then said there would be no new hearing after there was a hearing already because too much time had passed from the first ruling. We went to court the second time though, how can they deny a retrial when they already had jt. Can I file a frivolous lawsuit because it’s more than clear that a traffic judge and the prosecutor knew the most common traffic law violation code and to still find me guilty.
Monique Silverstone says
I work and own a small billing service in California. I have a client in Colorado. We have worked for the
corporation for over 20 years.
In February 2020 the owner sold the company to his group and the name was changed. The corporation
tax identification number did not change, the address did not change, the bank account did not change and the employees did not change only the corporate name changed.
A patient who did not pay his bill for 6 months, never contacted our office received 6 statements with
the new name and notices to pay with the new name. Since he did not pay he received a computer generated
statement and a FINAL notice with the old corporation name on it.
Again he never called but contacted an attorney in San Diego even though he lives in Colorado and filed a class action suit against the medical group.
The doctors in charge hired an attorney and settled the case. They are now asking our company to pay
half of the lawsuit.
They never contacted us or asked what we thought about the case. I asked an attorney in California who
said send a letter telling the patient it was an error and counter sue the patient.
I do not know what the attorney who settled the case did and he is threatening to sue me if I dont pay half of the settlement.
I told him I think it was a frivolous law suit and I want to see what actions were taken against the patient who is probably a criminal, just my opinion.
Robin Phllips says
my boyfriend and I moved into a house together and he signed a contract that he would pay half of the bills 6 years later we got married. we were married for 9 years and he divorced me because my money ran out. in the divorce my lawyer would not put forth the contract that we signed while we live together when the divorce came about he told the court that he never paid me anything to live with me for the whole time I did come up with some amounts of money that he paid me during the fifteen years that we were together. he paid nothing while we were together yet the judge of our case gave him half of everything that I owned everything was in my name I own 7 properties when I met him he paid no bills for anyting. so 5 years later after the divorce I decided to try to file for breach of contract I had a lawyer who said I had a pretty good case so I filed. the judge threw it out he would not even hear the case because he said that if there was a contract it should have been decided during the divorce now of course they are suing me to pay my ex’s lawyers fees because they said it is a frivolous lawsuit and it is in bad faith is there anything that I can do to help myself to not pay his lawyer fees and or can I sue my lawyer for telling me that this was a case that we could file she knew that it was done before the marriage and that it was not taken into consideration during the divorce settlement we tried to justify it that it was basically like a rental agreement and that he had still paid on it throughout the marriage but when he filed for divorce I knew he was not going to pay any more on it so that’s when I filed for the breach of contract
Eleanor says
I received florals for my wedding and the ribbon colour and style varied significantly from that promised. An orange ribbon instead of red being the most obvious. My photos and video have all been affected and I approached the florist for compensation for a reshoot. They have only offered a partial refund of the costs of the florals which I declined and stated I’m willing to negotiate.
They have since engaged a solicitor who has given me 1.5 business days to accept the same offer and has used the term frivolous proceedings. Would my case be considered frivolous when a red ribbon was promised in writing as well as multiple variances from the promised styles, variances which were within the control of the florist and not determined by nature’s supply of flowers?
Melissa Gold says
Hello, Eleanor. I am sorry to hear that your florals were not as expected. People put a lot of money and thought into weddings, and I know it can be disappointing when things don’t go as you expected! This will likely depend largely on the terms of your contract with the florist. For instance, if there’s a provision that the florist can substitute colors if they don’t have supply of your first choice (for example), they might not be in breach of contract.
My suggestion is that if you believe that the florist breached your contract, you can hire a lawyer who will review the contract and the evidence of breach and tell you whether you have a lawsuit. If you need a Florida lawyer, you can find one here: https://www.enjuris.com/directory/lawyers/florida/. Best of luck and congratulations on your marriage!
JA says
I own a by appointment jewelry store in Los Angeles, CA. I created a custom piece for a client, she partially paid for the item, I delivered the item. I followed up several times over the next 12 weeks but received no response. I filed a small claims court case. Her girlfriend/roomate/lover is an attorney and had the case removed to civil limited claiming I violated the fair debt collection act. I offered to cancel my case if she canceled hers but she would only do so if I paid her (her being the attorney) $7,000 in legal fees. The balance in question was $200. I was forced to hire an attorney and we ended up settling where they paid me $1,500. The balance in question was acknowledged buy the purchaser in text messages.
There are a few issues I would like to ask about. (1) Does filing a lawsuit with knowledge that your client is in the wrong lead to any claims I may have against the lawyer to retain my attorneys fees? (2) malicious Prosecution? No reasonable lawyer would accept a case where the amount in question is $200. The case was only filed against me because the lawyer is the lover of the plaintiff. (3)Abuse of Power- again this lawyer essentially used her ability to practice law to extort me. She knows I am not a debt collector, my emails were always polite only asking for payment and a response.
Do you any causes of actions I can make against this attorney to recoup my attorneys fees?
Melissa Gold says
Hello, there. From the facts you present here, it sounds like $7,000 in attorney fees is excessive for a $200 claim. However, you mentioned that you settled with this person and she paid you $1,500 for the jewelry. So, I’m not quite sure what you’re looking to recover for at this point. Are you trying to recover the fees you paid to your own attorney? It sounds as though the matter with this person who didn’t pay her bill is already resolved. If that’s the case, it would be unlikely that you can recover additional attorney fees.
Mark Gierczak says
I was sued for a stalking restraining order in the state of Illinois after a personal care attendant’s boyfriend became jealous of me and made her file it. He would call her at all times of the day while she was at work and then she would become violently upset because of his threats towards her and physical abuse of her when she was not at work. The judge discriminated against me under the Americans with disabilities act by issuing a 2-year stalking restraining order against me for calling my employee to find out when she would be in for work.
Barry says
My ex sued me to change my son’s school that he had attended for 10 years and was agreed upon in the decree that he would continue attending. She is uninvolved in his life and hardly ever exercised her visitation. I spent $25K in legal fees defending my son then she dropped the case. I feel the case was frivolous and took valuable resources from our son. Do I have any recourse to recoup my legal fees lost?
Helen says
Hi, this is my 3rd year in this lawsuit I find myself in. i am being sued by siblings for a joint tenancy land transfer that took place when my parent was alive. These siblings knew that. The one sibling really had known about the land transfer because it was her/his home after my parent has passed away. When that was in effected, we ( the rest of the children) knew that and was ok with it of course. Therefore they knew what my parent had done with me because that sibling refused the home and allowed me to have it in stead.
Now, my parent has passed away and now the lawsuit was launched against me, which I am going to say it’s a form of bullying me because I have no one to defend me, that this is what my parent wanted to do with their estate. All documents have been done by a lawyer.
My sibling has put a caution on my home which is a cpl situation. How can the laws fail me when we did everything by the law accordance and the caution is a one sided process which didn’t include me at all.
I am left fighting for my home to which I live in and the sibling are fighting for the money, where by the way they all have their homes and I will be left without a home if the lawsuit goes their way and grants them the money and I have no home.
Could this be a frivolous lawsuit?
Goldameyor says
My neighbour moved into her property and had been in it for five years, until on the sixth year decided that my part of my garden belonged to her. She had not been on my land, nor used it in any way and could clearly see that it is my garden – the same garden that has been with my property for eighty years. She moved a shed on my land while I was out one day – I thought it was an error and moved it back. She said that the land belonged to her because the Land Registry had registered it to her. This was true, I suddenly found out that somehow part of my land had been registered to her property in error. She sued me for a place to put her shed, using the Land Registry map to prove her case. The young lady put her shed on my land, fenced it off and promptly sold her property with my land. She has never used the shed, or any shed, she does not do any gardening. Is this a frivolous court action?
Lisa Lawrence says
Hi, I don’t know how to stop my brother from filing frivolous lawsuits against me. It all started because our elderly father decided to move to be closer to me and subsequently changed his POA over to me. After that, my brother was on the warpath. First, he filed a frivolous lawsuit to stop my dad from selling his house, alleging I’d acted inappropriately as POA. But I didn’t do anything as POA, my dad signed all the paperwork and contracts. The lawyer said he would file for dismissal, but it would take months because the courts were backed up. We eventually negotiated an agreement with him, but then we upheld our part of the agreement, but he did not.
Fast forward six months later, and he filed another lawsuit, alleging I’d acted inappropriately as POA, and asking that a third party conservator be appointed. HIs petition was filled with false statement that we disproved by documentation I had (including his emails), but he used the petition to contact my father’s brokerage and now they have told us neither me nor my dad have access to his brokerage accounts until he appoints a conservator.
I know my brother is doing this out of spite and malice. I have spent a fortune on attorney’s fees defending the suits, how do I stop him from continuing to file frivolous lawsuits?
Melissa Gold says
Hello, Lisa. I am sorry to hear that you’re in this situation. Unfortunately, there’s not much you can do to prevent someone from filing a lawsuit against you. However, your brother could be digging himself into a hole by continuing to do this. Attorneys and judges can spot a frivolous lawsuit, particularly when it’s the same plaintiff again and again. Your lawyer can file a motion to dismiss and have the court refuse to hear the case. Your state also likely has a “vexatious litigant” list, which includes people who have a history of filing frivolous lawsuits. If your brother is on this list and continues to file lawsuits, he could face a civil fine or even be charged with contempt. I know you’re concerned about your own legal fees, but you might benefit from retaining a lawyer who can explore options for recourse against your brother. You can present the facts and evidence of frivolous lawsuits and your lawyer can advise or work with the courts to get the situation under control. Best of luck.
Patrick T McEvoy says
I am being suid for removing abandoned garbage from a property owner. The owner hired my company to clean the property after he evicted the tennent. The debri had no value / signed by all parties involved and I got stuck in the middle. My company does have insurance but iv’e been going through pain and sufering for 3 years as well as being on antidepresints for anxity and depersion. Do I have a case ?
P/S I have legal documentation stating that the property in question was abonded and I had full power of attorny to discard all and any debri. Iv’e been falsly accused and i’m very depressed in regards to.
Do I have a case ?
Ed Reynolds says
I dated a woman for a year. During the time she and her children came to my home to bring me food and to play basketball in my hoops place in back of the home. During the time I gave her about $3,200 in leans (I did not get a promise on paper to pay back the money.) She wrote many letters saying things like, “Nobody can love you like I can” and enticing words. We went out to movies and public restaurants. I found out that she was not finally divorced, and one evening, he came into my home, and ransacked my home. She came the next day with an “I’m so sorry” speech. About six months later, she an he filed a frivolous lawsuit by one who is known to file such them. My lawyer refuted everything in the lawsuit and we thought it would be dismissed. About seven months later, it ws finally dismissed after about $40,000 in law fees. My lawyer said I could file to get the attorney fees back. But he said that they had no money and it would be a waste because they would possibly never pay it. I wrote to the bar association, but they never replied. Thanks for offering your help to ours who surely ill suffer the same.