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LawTalk
LawTalk, Attorney
Category: Legal
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Under Colorado law, if someone files a frivolous lawsuit how

Customer Question

Under Colorado law, if someone files a frivolous lawsuit how much can you ask for as a counter claim?
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

In order to sue someone for having filed a frivolous lawsuit against you, you must first win the underlying lawsuit---often by filing a Motion for Summary Judgment and proving that the case has no legal merit.

After the case is dismissed or a judgment rendered in your favor, then you may turn around a file a separate action against the other person for Malicious Prosecution/Abuse of Process. Here is a link to a legal discussion of this cause of action: http://lawbrain.com/wiki/Malicious_Prosecution

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug