What is a Frivolous Lawsuit?

While the U.S. civil justice system encourages all citizens to stand up for their rights, it does not condone frivolous lawsuits. A “frivolous lawsuit” is one that someone files for the sole purpose of harassing, disturbing, or annoying the other party. A frivolous suit may also be one that the filing party knows has little to no chance of succeeding in court. Frivolous lawsuits drain a state’s resources and waste valuable time. Filing this type of suit could result in fines, an order of contempt, and even criminal consequences, depending on the circumstances.

Under Texas Civil Practice and Remedies Code, Section 2-10.001 , a “frivolous lawsuit” is one that someone presents for an improper purpose, such as to harass someone or cause unnecessary delay and increase costs in litigation. An existing law, or non-frivolous legal argument, must warrant the claim, or allegations must have evidentiary support. Frivolous lawsuits often arise in product liability court. Filing a false claim against the manufacturer or distributor of a product for simply being dissatisfied with the item, or trying to fraudulently receive compensation, can cause the company to waste thousands of dollars in claim investigation.

Other frivolous lawsuits often involve premises liability claims. An individual may have a personal vendetta against a neighbor or property owner, and file a false claim just to pose an inconvenience to the person. Some real estate actions will come to a halt, if the property owner is involved in a lawsuit. Filing a claim for the sole purpose of delaying other types of litigation qualifies as a frivolous lawsuit. False harassment lawsuits are also common frivolous suits, to unjustly punish or harass an individual.

If someone files a lawsuit with a good faith belief that it is actually necessary to protect his/her rights, or achieve compensation for an injury, the courts will simply disregard this action. There will most likely not be serious consequences. If, however, the filing party knows, or reasonably should know, that the litigation is frivolous, the law may punish the individual for delaying legal processes and wasting time and money. Penalties can include:

Call an attorney if you believe that someone is filing a frivolous lawsuit against you. If the court agrees that the claim is frivolous, you could receive an award for your reasonable expenses and attorney’s fees you incurred in opposing the motion. You could also be eligible for compensation for your inconvenience, harassment, and out-of-pocket expenses the frivolous litigation caused.

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