How do I ask the court to throw out a frivolous lawsuit. Tenant lied on rental application, started paying only a portion of rent and utilities, Then called fire company saying they fell and hert their hand as a result of co2 poisoning (none found) have firechief report indicating zero found. Then I filed eviction papers and postings by constable which they said they never received. They were evicted but claimed I damaged their property. Police who offered assistance when they picked up their items is willing to testify on my behalf that nothing was damaged. However now they are suing asking for a Jury Trial and damages in excess of $50,000 on the two counts. I don't have the time for this BS and I don't believe the court does either. I want to put a stop to it asap!
Country relating to Question: United States
State (if USA): Pennsylvania
Hi and thanks for asking your question. My name is XXXXX XXXXX X will be assisting you. Unfortunately, everyone has access to the legal system and that privilege can sometimes be abused by people filing suits such as the one your ex-tenant filed. However, to get rid of it, you will have to defend it to the point where you can convince the judge they have no legal basis for their claims. To do that, the goal would probably to file a Motion to Dismiss, asking the court to dismiss the claim without you having to waste any more time. There are a number of grounds that can be raised for a motion to dismiss, but they do have to show that there was no legal basis for the claim. To draft one properly, you may need the services of an attorney. If you prevail on your motion and get the case dismissed quickly, you may also be able to recover attorney's fees and costs. Additionally, if your attorney can help you establish that the case was frivolous and a waste of the court's time, the court can fine them as well.
I hope this answers your question in full, but please feel free to post additional follow up questions or comments. My goal is that you are 100% satisfied with the information I provide you.
Thanks David , Should I answer their complaint and then file the motion to dismiss or file the motion to dismiss along with a memorandum of background and copy of fire chief report.
Thanks very much for your follow up question. You have to be careful filing your answer of motion. I really think it would pay to hire an attorney. For example, if there are procedural issues with her complaint, you may be able to dismiss it without ever subjecting yourself to the court's jurisdiction. But this would be a legal tactic that probably only an attorney with experience could use. Once you file your own answer, you may lose that option.
One other point to consider. To dismiss a case, you need a LEGAL basis. This may or may not have anything to do with the fire chief report. Thus, you may draft a motion to dismiss, thinking you are arguing legal issues, when you may in fact be raising factual disputes. This could also hurt you and become a mistake.
I really think an attorney would be a huge benefit. It might cost you a bit, but it could get this case dismissed quickly and save you potentially years of Litigation over a trivial matter.
Corporate, Real Estate, Estate Planning, Probate and General Litigation attorney 14+ years
I just answer their complaint and was wondering if I can follow up with new matter even though I am outside of the 20 day response time or should I just file a motion to dismiss or even a memorandum?
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