You are spending time with your family when you hear a knock at the door. You aren’t sure who it would be, especially at this hour. You go to open the door anyway, knowing that you wouldn’t necessarily ignore the doorbell.
There is a court official on the other side of the door with a summons to court in his hand. You blink your eyes since you weren’t expecting a court summons in the least. You read through the paperwork and are stunned to find out that you are being sued.
Your neighbor is suing you for outrageous claims that your grass is too high. You know for a fact that your grass is within the ordinances put forward by your city government.
How can you prove that this lawsuit is frivolous, however? Let’s take a closer look at frivolous lawsuits so you can know how to move forward with your case.
A frivolous lawsuit is defined as a case that does not have a chance of winning due to there not being any evidence of wrongdoing by the sued party. This definition doesn’t include any cases that are lost due to evidence of wrongdoing.
The party being sued might find a case to be frivolous if they find the accusations ridiculous, though the term “frivolous lawsuit” is a legal term. In order for the term to apply, there must be evidence that the case is insufficient or futile. The case might be lost in the end but that does not mean that it is frivolous.
The Lawyer’s Job
It is the duty of the lawyer to commit to due diligence. What this means is that the lawyer must do his or her job to make sure that there is a factual need for the lawsuit. The lawsuit may not be considered frivolous if the lawyer acted in good faith, even if the accusations are outrageous.
If the lawyer found evidence of wrongdoing and proved it in the court of law, then the case would continue. Frivolous cases waste the court’s time and may cause sanctions to be laid against the accuser. The law firm hired by the accuser might even be sanctioned themselves or held in contempt.
Possible Penalizations of Frivolous Cases
If someone files a false claim against someone else, they are liable for damages up to triple what they filed for in a court of law. They are also liable for any damages the state of NC gets because of their filing of the frivolous case.
They are liable for a penalty of $5,500 or more but not more than $11,000 for each violation. For these penalties to take place, the person must have known they were filing a frivolous case, they must be aware that a false record is being produced, and they must conspire to commit the violations.
They would also have to be in possession of materials used by the state of NC and/or causes less than the money won to be delivered to them. If they are aware that they are making outrageous claims, then they are liable for damages against the state and the person they accused.
Greenville and Wilson, North Carolina Personal Injury Attorneys
I’m Brian Ricci, a Personal Injury Lawyer in Greenville and Wilson, North Carolina. If you have suffered a personal injury, please call me anytime at (252) 777-2222 or 1-800-387-6406 for free, friendly advice. Let’s go over the details of your accident case over the phone and see how best to proceed. The call is free and there is no obligation to you.
I am a longtime member of the Million Dollar Advocates Forum.