Legal Question in Credit and Debt Law in Minnesota
Limitations on what people can sue you for?
2 yrs ago, I won a judgment against a client that did not pay me. I've been going through a number of things to collect including the ''order to cause cause'' and other information gathering techniques...he has tried a number of things to counter--such as to have the decision reverse (without any additional evidence) and has not been successful. Basically, he just refuses to pay. Now, this individual has launched a new case against me for the exact same thing that I won against him 2 years ago but with a different client group--totally bogus and without cause, but because he has been unable to get out from under the original decision or bad debt--he now is trying this. Is there a statue of limitations from which someone can file a claim or sue you? I have not had any contact or dealings with the person for nearly two-and-half years. Is there anything I can do against having these types of people file unjustified cases? Not only is it a waste of time�a waste of money and energy. This is clearly an ego-based claim and in retaliation of the original decision against him.
2 Answers from Attorneys
Re: Limitations on what people can sue you for?
Short answer: Die, disappear, or fight.
There are remedies for frivolous lawsuits, and sanctions may also be available for actions brought in bad faith.
You can obtain costs and attorney's fees in some cases.
I would be happy to discuss with you over the phone or in person.
Contract cases in MN have a 6 year Statute of Limitations.
Re: Limitations on what people can sue you for?
Ther is a six year statute of limitations on contract cases and that seems to be the Cause of Action at the center of your dispute. However, there must also be a basis for the cause of action and if the same matter has already been decided, it is called "res judicata" meaning the thing is decided. Any lawsuit that seeks a remedy on a decided matter would likely be considered frivolous and could result in any number of sanctions.
To discuss this litigation matter, please call us at 952.746.2153 or visit us online at http://www.minnesota-business.com
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