The legal system is crucial to society because it provides a structured conflict and dispute resolution system. It helps maintain order in society because it enables people to settle their disputes before an impartial arbiter. However, people can still abuse the court process through frivolous litigation. Some frivolous lawsuits usually make it to court despite the legal system establishing an in-built mechanism to screen out these lawsuits. Thus, people should consult an attorney when they receive a frivolous lawsuit. These lawyers know how to stop abusive lawsuits and advise you on how to proceed with the matter. Here are strategies attorneys use to stop abusive lawsuits:
They Will Present a Counterclaim
Frivolous lawsuits do not have a legal basis, making them easy to beat provided you have a good lawyer. After succeeding with the motion to dismiss, you have an option of filing a counterclaim against the plaintiff. Counterclaims allow defendants to file rebuttals against the plaintiff's claims and seek relief for abusing the court process. Thus, you should hire an attorney who can demonstrate that the plaintiff's claim is false and is designed to harass and frustrate you. Those who want to stop abusive lawsuits should hire an attorney to present a good counterclaim, allowing them to receive compensation from the frivolous lawsuits.
They Will Request the Court to Dismiss the Lawsuit
Lawyers often seek dismissals when stopping abusive lawsuits. A dismissal usually rejects the plaintiff's matter before the hearing commences. Dismissals are ideal because they end the proceedings before the parties lose valuable time and money preparing for the lawsuit. Defendants should hire an experienced attorney to negotiate with the plaintiff's attorney to settle for a dismissal. Should the negotiations fail, the attorney can file a motion to dismiss, which asks the court to dismiss the case due to lack of merit. Thus, those who want to stop abusive lawsuits should consult an attorney to help them file a motion to dismiss.
They Will Include the Plaintiff in the Vexatious Litigants List
Some states have a vexatious litigants list. The list has the names of people with the habit of filing frivolous lawsuits against businesses. The vexatious litigants must seek the court's permission before filing future lawsuits. Thus, asking the court to list plaintiffs who abuse the court process on the vexatious litigants' list stops future frivolous lawsuits. People should hire an attorney to ensure that the plaintiff is included in the vexatious litigations list, thus barring them from litigation and protecting the client's interests. Those who want to stop abusive lawsuits should consult an experienced attorney for legal advice on the best way to protect themselves from vexatious litigants.Share