What qualifies as a vexatious litigant?
Asked by: Loraine Treutel | Last update: June 12, 2025Score: 4.7/5 (24 votes)
A vexatious litigant is someone who files a lawsuit without good reason, often just to annoy or harass the other party. In family law, this is often called a "frivolous" lawsuit. Vexatious litigation can also happen when someone files unnecessary motions during an ongoing case.
What are the criteria for a vexatious litigant?
Identifying Vexatious Litigants
The courts can designate someone as a vexatious litigant if they have filed at least five unmerited lawsuits in a seven-year period. The court will also consider other factors such as whether the person has been declared a vexatious litigant in another state or federal court.
What makes someone a vexatious litigant?
For litigation to be considered “vexatious litigation,” one of the following must be true: The abuser has started or continued (maintained) at least five cases, other than small claims cases, in the past seven years without a lawyer (in propria persona) and either: the abuser lost all of the cases; or.
What is an example of vexatious litigation?
Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action.
What is a motion to deem a plaintiff vexatious litigant?
(Code Civ. Proc. § 391.1.) The motion for an order requiring the plaintiff to furnish security shall be based upon the ground, and supported by a showing, that the plaintiff is a vexatious litigant and that there is not a reasonable probability that he or she will prevail in the litigation against the moving defendant.
What Is A Vexatious Litigant?
What makes a motion frivolous?
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 does it mean to be vexatious?
adjective. causing vexation; troublesome; annoying: a vexatious situation. Synonyms: irksome, bothersome, irritating, provoking.
What is vexatious behavior?
Definition: When someone's behavior is annoying and harassing without any reasonable or probable cause or excuse. Examples: A neighbor who constantly complains about the smallest things, like the sound of your children playing, is being vexatious.
How to get someone declared a vexatious litigant in NSW?
Under the Family Law Act 1975, a court or tribunal can declare a person a “vexatious litigant” if they persistently start legal action designed to harass, annoy, frustrate, worry or cost another person. The person subject to the order is prohibited from instituting proceedings without leave (permission) from the court.
What do you call someone who sues a lot?
of or relating to litigation. excessively or readily inclined to litigate: a litigious person.
How do you stop vexatious litigants?
You can file a motion asking for an order dismissing the vexatious litigation or requiring the abuser to give a security payment to the court at any point in the case before the judge issues a final judgment. Your request for both of these remedies should be made in the same motion papers.
Can I counter sue for a frivolous lawsuit?
Once you've gotten a frivolous lawsuit dismissed, you may be able to file a counterclaim against the plaintiff on the grounds of fraud, abuse of process or another legal issue associated with the frivolous lawsuit you've been subjected to.
How do you deal with a vexatious person?
Try being open and honest. Ask them politely but directly if you've done something to offend them—make sure to do this in private to avoid the person shutting down or becoming angry. If they feel embarrassed or put on the spot, you'll lose the opportunity to fix the situation right away.
How do you prove vexatious litigation?
In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that has been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been ...
What are the 3 threshold requirements for litigation?
Threshold Requirements: Standing, Case or Controversy & Ripeness.
How do you win a frivolous lawsuit?
Winning the Frivolous Lawsuit: The plaintiff in the malicious prosecution case must show that he or she won the prior lawsuit at least as to any claims filed under the new lawsuit (“favorable termination”). Legal Damages: Both economic and non-economic compensatory damages can be considered and must be proven at trial.
What is the criteria for a vexatious litigant?
In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been ...
How do I stop someone from filing frivolous lawsuits?
Seeking attorney's fees and costs is an effective strategy to discourage the filing of meritless claims. By demanding compensation for any expenses incurred by the defendant for legal fees and costs you may be able to deter a frivolous lawsuit in its early stages and prevent the abuse of the legal system.
What is the federal statute for vexatious litigation?
Section 1927 authorizes sanctions if a lawyer "unreasonably and vexatiously" "multiplies the proceedings" in any case. In most jurisdictions, this generally requires the movant to show bad faith, recklessness, or improper motive on the part of the vexatious lawyer.
What is an example of a vexatious litigant?
In pro per means any person who files a lawsuit on his or her own behalf, without an attorney's assistance. The second type of vexatious litigant is a person who, after a litigation has been finally determined against him, repeatedly re-litigates in pro per against the same defendant. (C.C.P. § 391(b)(2).)
What are examples of vexatious?
A vexatious complaint is one that is pursued, regardless of its merits, solely to harass, annoy or subdue somebody; something that is unreasonable, without foundation, frivolous, repetitive, burdensome or unwarranted.
What is an example of frivolous behavior?
Frivolous things are goofy, useless, or just plain dumb. The word is often used to describe lawsuits. A frivolous lawsuit has no value and will be a waste of the court's time. If someone is frivolous, that person shouldn't be taken seriously because he's always fooling around and never gets anything done.
How do you stop a vexatious litigant?
You can file a motion asking for an order dismissing the vexatious litigation or requiring the abuser to give a security payment to the court at any point in the case before the judge issues a final judgment. Your request for both of these remedies should be made in the same motion papers.
What are the characteristics of a frivolous person?
Frivolous is a character trait that describes someone who is lighthearted and carefree in their actions and decisions. A frivolous person tends to prioritize pleasure and entertainment over more serious matters, often at the expense of responsibilities or consequences.
What is vexatious mood?
Vexation is both something that causes annoyance and the state of mind that results from being annoyed. The test-taker next to you tapping her pencil is a vexation. You breaking her pencil in half makes her feel vexation. Vexation can also refer to something that causes anxiety and worry more than annoyance.