When a lawsuit is filed against you and you believe that the lawsuit does not have any merit, you should not panic. Some lawsuits are not legitimate and the case might even be thrown out of court.
Many Frivolous Lawsuits Never Make It To Court
Legal professionals encounter frivolous lawsuits quite frequently. Therefore, they will have plans for how to deal with them and will often throw them out of court promptly. However, you will want your attorney to plead a motion to dismiss to maximize the chances that the frivolous lawsuit will never be heard.
If you are often targeted by the same individual, speak with your attorney about ways in which you might have them added to a list of vexatious litigators. This can lead to higher standards being put in place for filing a lawsuit.
In some cases, frivolous lawsuits might be filed by a lawyer. If this is the case, you may be able to have the lawyer sanctioned and fined. The lawyer might even have their license to practice law suspended.
When the Case Will Go to Trial
If the case will still be going to trial, you should speak with your attorney about the evidence you must gather to prove that the lawsuit is frivolous. This can include important documents and can also include any communications that you have with the other party.
Some of the communications might show that the other party is engaged in frivolous litigation. For example, if they send an email claiming that they will be filing a lawsuit to punish you and do not show any interest in settling the case out of court.
Witnesses Can Help
Witnesses might overhear the frivolous litigator admitting to filing the lawsuit for frivolous reasons. However, you will need to contact the witnesses immediately and ask if they would be willing to testify on your behalf. Then, you must find out if the witnesses can remember anything that could be used in court to have the lawsuit dismissed.
Have All Communication With the Party Read By an Attorney
Do not communicate with the other party without first receiving approval from your attorney. Otherwise, you might risk putting your case in jeopardy. Also, the litigator will likely try to intimidate you into agreeing to something that might hurt your case. However, the fact that you are being harassed can be used against them.
If you want to stop frivolous lawsuits against you, contact a lawyer today.