Let`s take a quick look at what frivolous lawsuits are, why they are filed, and whether there is an impact. While we were in a serious relationship, one of my ex-boyfriends offered to buy me a car and pay off my student debt, but I refused for several months. Eventually, he convinced me to accept his offers. He didn`t have a job, but had earned a very large sum of money from a lawsuit he won against his previous girlfriend (which I thought 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 take care of both of us, and that would be enough. Well, about a year later we broke up (it was half of each other, but it was more his doing). I told him that I thought it would be the right thing to do to pay it back to him over time, but that it would take a while because it was a lot of money. I started by putting the car up for sale. I listed it online, met potential buyers, and even bought a premium offer on Autotrader.
A few weeks later, he told me that he had already inflated the lump sum of his bill and was desperately looking for a large sum of money. The car hadn`t been sold yet, so he asked me to get a bank loan for the car and give him the money. That`s what I did. Four months have passed. It had been a very difficult fiscal year for me, and I was now paying off the bank loan for the car. I was promised a promotion to work that I did not get, and as a result, I was unemployed for 7 months. I kept in constant contact with my ex, informed him of new developments at work, and estimated a timeline for when I could pay him again. I finally found a new job and payments resumed. By that time, I had given him more than half of what he had given me. But he told me that accepting a payment plan would show him good faith, so I typed in a very long and detailed payment plan. In this document, I have highlighted an optimal scenario and the worst-case scenario where I could repay everything, as well as a minimum monthly payment. I also included self-imposed financial penalties 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 not satisfied with this and demanded that I send him all my bank records and credit card statements so he could judge how much I could afford to pay him each month. I said it was unreasonable and I would not do it. I sent him a signed and written agreement based on the distribution of payments mentioned earlier and told him that this was all I could promise each month. I am a freelancer and each week/month is a different financial story for me. Some months are very lean, and some months are much better. Some tracks are very consistent and some tracks are much more difficult to find a job. I didn`t want to promise him something I couldn`t keep because it wouldn`t benefit anyone, but I wanted to pay it back as much as I could whenever I could. Yet, it was not enough. A reply or plea is classified as `frivolous` if, prima facie, it is manifestly insufficient and does not refute the essential elements of the contrary pleadings and is likely to be interrupted for the sole purpose of delaying or embarrassing the applicant. Ervin v. Lowery, 64 N.C. 321; Strong against Sproul, 53 N.
Y. 499; Grey vs. Gidiere, 4 Strob. (S.C.) 442; Peacock v. Williams (C. C.) 110 Fed. 910. A frivolous demurrer has been defined as lying to someone who is so clearly untenable, or his inadequacy, which manifests itself in a simple examination of the pleadings in such a way that his character can be established without argument or research. Cottrill vs. Cramer, 40 Wis. 558.Synonyms.
The terms “frivolous” and “appearance,” as they apply to pleadings, do not mean the same thing. A simulated plea is good at first glance, but in reality false; This may seem like a perfect defense, but it is a pretext because it is false and because it is not pleaded in good faith. A frivolous plea may be quite correct in its claims, but it can always be suppressed because it is completely inadequate in substance. Andreas v. Bandler (Sup.) 56 X. Y. Supp. 614; Brown v. Jenison, 1 code R. N.
S. (N. Y.) 157. I do not see how Google can have images of each property if it is not legal. Most courts are overwhelmed with legitimate lawsuits. For this reason, judges find it particularly frustrating that a frivolous lawsuit is filed. Fortunately, judges have the power to punish lawyers and punish plaintiffs who bring frivolous lawsuits. A claim is frivolous if it is neither legally nor in fact Neitze v. Williams, 490 U.S. 319, 325 (1989). This means in a frivolous claim either: “(1) “the `factual allegations are clearly unfounded`, for example when the claims are the product of deception or fantasy;” or (2) “the claim is based on an undeniably worthless legal theory.” Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir.
1998). My husband is being sued by landlords. He has proof that he tried to relieve all their ailments. He went to entrepreneurs and they turned him away. The original complaint was $30,000 and now they are looking for $180,000. We spent $50,000 on legal fees and now COVID is likely to increase with all the delays. What do you think of a frivolous trial? They clearly want money. The term is used in many laws of the Oireachtas and in legal regulations. For example, the Data Protection Commissioner should investigate any complaint submitted to him about a breach of data protection laws, unless he or she considers it frivolous or vexatious [4], and the head of a department may deny access to records under the Freedom of Information Act if the request is frivolous or vexatious. [5] The High Court and the Supreme Court may order the stay or dismissal of an action or the commencement of a judgment if an action or defence is frivolous or vexatious. [6] Abuse of the legal system is a serious matter and is not treated lightly.
