How to respond when someone threatens to sue you?

Asked by: Zetta O'Keefe  |  Last update: August 30, 2025
Score: 5/5 (11 votes)

Here's what you can do if you find yourself facing a litigation threat:
  1. Be Fearless: The first step in handling a litigation threat is to remain calm and fearless. ...
  2. Consult with a Lawyer: ...
  3. Consider Your Options: ...
  4. Respond with a Strong, Factual Argument: ...
  5. Provide Legal Support:

How to respond to someone threatening to sue you?

Stand your ground, but be polite as abrasive language is likely to result in inflaming the recipient and making the situation worse. Explain to the threatening party that you will be adding the sender's letter or email to the CMLP Legal Threats Database--and do so!

Is threatening to sue someone considered harassment?

It can be considered illegal or not, depending on the situation. Threatening to sue someone with a civil lawsuit is not a problem, but it can be subjected to illegal harassment if it is meaningless. An empty threat with a lawsuit is considered illegal when the person suing does not hold anything against the person.

What to do if someone says they are going to sue you?

Honestly, the best way is to: Speak to a lawyer immediately. This includes presenting facts, etc. If you are sued, you need a lawyer to defend yourself. More than likely, you will not be sued. - It would be done first if it could be resolved with a letter, etc. If you see why their idea has merit, you would comply.

How do you respond to being threatened?

Like a crisis, you need to:
  1. Get to a secure location as soon as possible.
  2. Notify the Police.
  3. Provide all information available to you.
  4. Do not try to be the mediator!
  5. Remain calm.

How to Respond to Legal Threats - Justin R. McCarthy

19 related questions found

How do we respond to threats?

Fight, Flight, Freeze Response

Our fight, flight or freeze response is our body's reaction to the perception of threat. Activation of the Autonomic Nervous System results in rapid physiological changes, such as increased heart rate and rapid breathing so that our body can respond quickly to threats.

How do you respond to threatening behavior?

Do not overreact or mirror the threatening language or the threatening behaviour. Continue to show respect even when the person is being rude or threatening. Ask the person to stop the behaviour – 'Mr … stop shouting at me' – while informing the person of the organisation's protocols for responding to threats.

Can I ignore someone trying to sue me?

Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away. And it could result in the court awarding a money judgment against you by default. That can lead to your wages being garnished, your bank accounts attached, or your property being taken!

How do I stop someone from suing me?

If you're wondering about how to stop most frivolous lawsuits, you must contact an experienced attorney who can advise you on the best course of action to take. Very often, a wise option is to settle out of court by apologizing or offering a small compensation to resolve the issue even if you were not at fault.

What happens if someone sues you and you have nothing?

The plaintiff might attempt wage garnishment or bank account levies. Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed.

Can you fire someone for threatening to sue you?

If you've already made the decision to terminate, just because somebody then threatens to sue you does not mean that you now cannot fire this person.

What to say to someone threatening you?

Stay calm.

Avoid making eye contact or talking to the person threatening you. Keep neutral body language and run or back away quickly. Call 911 for immediate help. Ask for help from people that may be around you.

Is threatening to sue someone duress?

Not all threats made to compel another party's compliance are considered duress. For example, if one party to a contract threatens to sue another party to meet a condition, that wouldn't be duress because a lawsuit is legal.

What does threatens to sue mean?

to take legal action against a person or organization, especially by making a legal claim for money because of some harm that they have caused you: He was so furious about the accusations in the letter that he threatened to sue.

What constitutes a frivolous lawsuit?

A frivolous claim, often called a bad faith claim, refers to a lawsuit, motion or appeal that is intended to harass, delay or embarrass the opposition. A claim is frivolous when the claim lacks any arguable basis either in law or in fact Neitze v. Williams, 490 U.S. 319, 325 (1989) .

What to do if someone makes a threat against you?

What to Do If You Have Been Verbally Threatened
  1. Think Before You Act. ...
  2. Tell Someone About The Threat. ...
  3. Gather and Keep All Evidence. ...
  4. Obtain a Restraining Order. ...
  5. Consider Pursuing Civil or Criminal Action.

How to counter sue for emotional distress?

In order to successfully counter sue for emotional distress, you will need to prove not only that you suffered emotional harm but also that the other party's conduct was outrageous or extreme.

How do I settle out of court when being sued?

The most common forms of ADR are arbitration, mediation, the rent-a-judge program, summary jury trial, and minitrial, although techniques can be combined to form hybrids suited to a particular dispute or legal jurisdiction.

Can you counter sue for defamation?

If you have been sued and the lawsuit contains false and defamatory statements about you, you may be able to countersue for defamation. To successfully countersue, you must be able to prove that: The statements made about you are false and not protected by privilege.

How do you protect yourself from someone suing you?

Investing in an umbrella liability insurance policy is a good first step to protecting yourself against civil action. The company who provides your homeowner's insurance or auto insurance policy probably offers this type of add-on policy. It pays out to cover losses above and beyond what your normal policy might cover.

Is it a threat to tell someone you will sue them?

Is It Illegal to Threaten to Sue Someone in California? Yes. Under California's Penal Code, Section 422, those who threaten a person (or their immediate family) could be charged with a criminal offense.

Can someone sue me without proof?

If you start a civil claim you have to prove the facts that form the basis of your claim unless your opponent agrees with (or admits) some or all of them. You do this by collecting and providing the court with relevant information. This information is called evidence.

How to deal with threats and intimidation?

You should tell the police you're being intimidated - they can help keep you safe. The police can arrest the person who's intimidating you. If you don't feel able to tell the police straight away, talk to someone else instead - for example, a friend, neighbour or a professional, like a doctor.

How do you respond to verbal threats?

Try a response like, “That's a very hurtful thing for you to say.” or “Those remarks are highly inappropriate.” or “I'm not going to engage in a conversation that's profane or hateful.” Calling the patient out on their own inappropriateness might be more effective than simply pretending that they aren't being verbally ...

How do you respond to intimidation?

When Intimidation is Overt
  1. Shine a bright light on it. The meanest and nastiest acts of intimidation, like cockroaches, are usually seen only in the dark. ...
  2. Call the appropriate authorities. If you are threatened with violence or harassment, call law enforcement officials. ...
  3. Make sure all your actions are done in a group.