What makes a claim frivolous

Search: Search. Popular forms. Frivolous Claims Law and Legal Definition. The following is an example of a state statute dealing with frivolous claims: "If the action is brought by a private citizen and the court finds that the action was frivolous or motivated by bad faith, costs and attorney fees may be taxed to the person.

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. From Michigan 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. I have no idea why they are doing this. 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. From Pennsylvania My adult son,witnessed an accident 5 years ago at a multi-lane intersection. 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. My son did not do that. 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. Thank you. 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. From California 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. 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. 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 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.

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. 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. 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. 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? 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. If you need assistance, please feel free to use the Enjuris law firm directory to find an attorney who can review your case.

The tow company came to pick up the RV. The owner of the RV refused to pay for services rendered. 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. Can I sue for malicious prosecution? If the plaintiff has sued the wrong party, getting the case dismissed should be relatively easy and will save you a lot of trouble.

In many cases, the plaintiff is responsible for paying these attorneys fees. 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. If you believe an individual has filed a frivolous lawsuit against you, hiring a lawyer will be helpful so they can provide advice and representation. Your lawyer will be able to determine whether the claim is, in fact, frivolous.

Your lawyer can also advise you how to respond to the claim. Your attorney will also be able to represent you in court and explain to the judge why the claim is frivolous. Jennifer Corbett. Jennifer joined LegalMatch in as a Legal Writer. She holds a J. She is a certified mediator and guardian ad litem. She holds a B. She is a stay-at-home mom and homeschool teacher of three children. She enjoys reading and long evening walks with her husband.

Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Choose a Legal Category: Family Law. Real Estate and Property Law. Criminal Law. Personal Injury. Defective Products. Intellectual Property. Business and Commercial Law. Please provide a valid Zip Code or City and choose a category. The claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for the law ' s extension, modification, or reversal;. The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and.

The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. If the court determines that a lawyer or party has violated the law, it may impose any appropriate sanction sufficient to deter repetition, including reasonable expenses and attorney ' s fees. In determining the sanctions, the court must consider whether the party seeking sanctions has exercised due diligence Cal. The court must award a prevailing party in a civil action reasonable attorney ' s fees if it determines that the action or the defense lacks substantial justification.

When the court assesses attorney ' s fees, it must allocate the payment justly among the offending attorneys or parties Colo. In Florida, courts must award attorney ' s fees to the prevailing party in any civil action or defense in which the court fails to find a justifiable issue of law or fact.

Upon the motion of any party in a civil action, the court may determine, after a hearing, that all or substantially all of the claims, defenses, setoffs, or counterclaims made by any party represented by counsel were wholly insubstantial, frivolous, and not advanced in good faith.

The court must include in its findings the specific facts and reasons on which the findings are based. If the court finds that a party ' s claim was frivolous, it must award the prevailing party reasonable attorney ' s fees and other costs and expenses incurred in defending against such claims. If the finding is made with respect to a party ' s defenses, setoffs, or counterclaims, the court must award the prevailing party 1 interest on the unpaid portion of the monetary claims at issue from the date the claim was due and 2 reasonable attorney ' s fees, costs, and expenses.

The court cannot find frivolousness because a novel or unusual argument or principle or law was advanced Mass. The court must require any party who initiates a frivolous claim, asserts a frivolous defense, files a frivolous motion, or cause proceedings to be had needlessly to pay the opposing party ' s costs and reasonable expenses, including reasonable attorney ' s fees and compensation.

After hearing a contract or tort action, a court may determine that the action or any defense is frivolous or intended to harass or intimidate the prevailing party. The court must also report the conduct to the state Supreme Court committee on professional conduct NH Rev. A judge may award all reasonable litigation costs and reasonable attorney fees to any prevailing party if he finds at any time during a civil proceeding or upon judgment that a complaint, counterclaim, cross-claim, or defense is frivolous.

In order to find frivolousness, the judge must find based on the pleadings, discovery, or the evidence presented that either:.