Legal Question in Civil Litigation in California
Threats to sue used as harrassment
I have a former associate who continuously threatens legal action over the same issue. Can I make this person choose to either sue me or stop threatening me with the possibility of such?
3 Answers from Attorneys
Re: Threats to sue used as harrassment
No and I do not recommend that you file a preemptory lawsuit.
Re: Threats to sue used as harrassment
To determine if you could obtain a restraining order you would need to go to an atttorney and present all of the facts surrounding your relationship with this person and those leading up to this confrontation.
This person is receiving some reward from making these threats. Your reaction to his threat may be fueling the situation. Try remaining calm and nor reacting to his threats to sue. If you do not get upset or angry he may just get tired and stop.
Do not pay any money to him without obtaining settlement agreement. Paying him withou the proper settlement agreement may just encourage him to increase his efforts.
Re: Threats to sue used as harrassment
Is been my experience that people who have a good case in truly intend to sue simply get a lawyer and you never hear from them, you hear from the lawyer. What a person keeps threatening to sue you and you never hear from a lawyer in generally means that he went to a lawyer and the lawyer told him he didn't have a case and kicked him out of his office.