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How do you go about having the court declare someone a "Vexatious Litigate"?

Asked over 2 years ago - Rogers, AR

Lawsuits

This person has filed false police reports, has made numerous statements to third parties that are inflamatory, false and malicious. Has filed untold lawsuites over the years against several parties. Was recently found to be vexatious in his actions in the Colorado Court of Appeals against another party. Has pursued my family and I for over 5 yrs. Presently has a lawsuit he is trying to serve. Has filed for a protection order with no foundation of truth. Has written numerous emails stating his mantra is to keep as much legal action ongoing as possible. His actions have gone from irratating to melicious. We are truly at a loss, as to what to do.

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Attorney answers (2)

Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass.

Read Arkansas Communities Inc Brown Rj Pa v. Mitchell, 827 F2d 1219 and this statute
28 U.S.C. Sec. 1927, which provides:

"Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorney fees reasonably incurred because of such conduct."

You will need the court to rule that someone is a vexatious litigant. To convince your judge, use the collection of other lawsuits and the ruling you mention from the Court of Appeals in Colorado. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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Nigel Stephen Malden

Reputation Level 10

Answered over 2 years ago. Litigation Lawyer in Tacoma, WA.

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To get a court to declare someone a "vexatious litigant" it sounds like you have to show long history of filing frivolous cases in bad faith. I know federal courts do it. I read about a few permanently banning vexatious litgants from ever filing suit again. I do not know if your state courts do this.

A more direct form of relief may come under federal rule 11 or its state counterpart. CR11 authorizes judges to sanction any lawyer who signs a frivolous pleading or who asserts a frivolous claim or defense. CR 37 authorizes judge to sanction litigant for discovery abuse. These rules and others can be potent weapons against frivolous litigation.

You can also sue someone for malicious prosecution or abuse of process in many states under state law. But you sometimes have to wait until beating your opponent on the merits in his case.

Your situation sounds bad enough that you should probably confer with a local attorney as to most effective plan of action.

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