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| Ask a Lawyer - Archive |
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Q.
How many times is it legally possible to sue someone in small claims? Is there such a thing as a "frivolous lawsuit act" if someone keeps suing you?
-- Ken
A.
Generally, someone can't continue to bring the same claim. If, however, it is dismissed before disposition or resolution, it is possible to bring it again. It seems that someone keeps suing, and if they are doing so after resolution or settlement of the matter, or without substantial evidence of a claim, then, yes, it could be a frivolous law suit. Generally there are sanctions for attorneys who bring such cases. If this person is bringing frivolous lawsuits against you, you should be entitled to recover your costs in defending them, including your reasonable attorneys' fees.
-- Loretta Salzano
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