Legal Question in Civil Litigation in New Jersey

Re: frivolous suit

If your adversary has indeed filed "a completely frivolous" countersuit, Part 130 of New York's Rules of the Chief Administrator of the Courts may apply to you. That Part provides that a court may award to any party or attorney in any civil action reimbursement for actual expenses and reasonable attorney's fees resulting from "frivolous" conduct. In addition, the court may impose financial sanctions upon any party or attorney in a civil action or proceeding who engages in frivolous conduct as defined in that Part. Regarding that definition, conduct is deemed "frivolous" if: (1) it is completely without merit in law and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law; (2) it is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or (3) it asserts material factual statements that are false. So from that, you can assess whether the countersuit was indeed likely frivolous.

Re: frivolous suit

You get an attorney to move for dismissal and possibly for sanctions. And you also get a collection company to collect on your judgment.