QUESTION
How to stop a NC civil suit against NJ resident?
Asked on Jan 24th, 2013 on Civil Litigation - New Jersey
More details to this question:
Plaintiff filed lawsuit January 24, 2012; I was served Feb 6, 2012 in NC. Did not file cross complaint for harrassment or invasion of privacy as my lawyer said she had no case. One year later, I've lost my motion for summary judgment EVEN though opposing counsel provided no brief to the judge because he could find nothing to support his position. Plaintiff knowingly files lawsuit against me to intimidate me into not pressing charges against her estranged spouse for felony assault (he was charged and plead guilty to lesser count). She filed Div from B&B against him 5 business days after filing suit against me USING 2 DIFFERENT dates of Separation. I was in the state for 4 days at the same time as her estranged spouse and both he and she stated in depos that we were not in contact. Discovery is 'complete' and there is NO evidence of any tortious behavior on my part. HOW can I stop this judge from continuing this circus? Can I file anything in NJ courts to help me?
1 ANSWER
2 Awards
the plaintiff in the matter shold be told that you are asking the Court to find that this is a frivolous lawsuit, and cite the statute:
§ 2A:15-59.1. Frivolous causes of action (1) The complaint, counterclaim, cross-claim or defense was commenced, used or continued in bad faith, solely for the purpose of harassment, delay or malicious injury; or(2) The nonprevailing party knew, or should have known, that the complaint, counterclaim, cross-claim or defense was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification or reversal of existing law.
this puts the party on notice that if you prevail, and get their case dismissed, they will hav eto pay your attorneys fees. then ask to have the matter be dismissed because it was only filed for purposes of harassment.
Answered on Jan 25th, 2013 at 3:36 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship