Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
Hello, I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. Before you can claim a case is frivolous you have to get it dismissed. This is done by filing either a motion to dismiss or a motion for summary judgment. Once you get the case dismissed, you can then make a motion to the judge who heard the case to impose sanctions on the losing parties for a frivolous lawsuit. That is the process. If I have answered your question please rate my answer excellent as that is how I am compensated. If you have more questions let me know. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.
so its the judge you complain to ? i already did that friday , then he never said anything but now he wants mediation confirmed within 30 days ? well im for that ! but still has discovery &all this proceedures that cost & we just want to go to mediation ? so theres no 1 we can compain to besides our attorney & the judge ? our attorney was pissed at us but when the judge was done & asked for anything else we said fribules no probalcal cause ? but our attorney wants our 2012 taxes to look at & it appears hes wanting to figure out if we can afford to go to trial on such garbage thats been filed against us ? so who else can we complain to ??
im really a bad typer sorry
if you cannt answer this please let another exspert try
are u there ??
Just because you say there is no probable cause does not make it so. If the other side has no case, you should be able to get the case dismissed early. If you cannot get it dismissed and assuming there is no fraud on the court, the case will not be found to be frivolous. You need to focus on getting the dismissal. There is no one else to complain to because you have to prove you will win the case before you can call the suit frivolous. If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).