QUESTION

I won a small claims suit against a vendor in NJ. He dId not appeal. He has now a year later sued me in superior court for his money bsck plus damages totaling $5k. He sued my company and for this amount purposely so I have to hire a lawyer to defend me under the laws. The man is also mentally unstable and I am scared. How do I get the court to throw out a frivolous suit without having to spend a fortune to do so?

Asked on Oct 18th, 2012 on Civil Litigation - New Jersey
More details to this question:
Alsi the person suing used the wrong company name for me. Can I dismiss on these grounds?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
In order to claim a Frivolous Lawsuit you have to specifically cite the statute. he Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1 provides that a plaintiff or defendant who prevails in a case “may be awarded all reasonable litigation costs and reasonable attorney fees . . . if the judge finds at any time during the proceedings or upon judgment that a complaint, counterclaim, cross-claim or defense of the nonprevailing person was frivolous.” N.J.S.A. 2A:15-59.1(a)(1). Send a certified letter to the person suing you citing this statute and tell them they must immediately with draw their suit.  If you are forced to hire an attorney, you may get your fees back.  We will be happy to discuss fees with you if you would call my office. 
Answered on Nov 17th, 2012 at 9:30 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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