Legal Question in Civil Litigation in Utah
Sue Happy
I know a person who looks for, and relishes in, any oportunity to prove himself right, break a contract, challange a HOA CC&R's, or get someone else to pay for his problems, by taking his causes to Small Claims Court to, as he puts it, ''use the Judge as a free attorney''. He seems to have vendettas against many people and/or businesses. Is there a law or limit to the number of times he can 'use the system' and disrupt others lives before he can be stopped? Is there an ''excessive law suits'' law of any kind?
1 Answer from Attorneys
Re: Sue Happy
There is something usually called abuse of process, which means that if someone improperly uses the legal process - i.e., filing lawsuits without merit, that the aggrieved defendant can countersue. There is nothing to prevent someone who is 'sue happy' so long as the claims filed have some merit, although some court do limit the number of cases per year.