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See if I have justification to file for legal action?

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eerelations

Senior Member
Even if you have no justification, you can still file legal action. NC allows that by law.
But wouldn't OP have to state some reason for his filing? According to his post, he not only doesn't have any justification for legal action, he doesn't even have a reason...
 

latigo

Senior Member
Even if you have no justification, you can still file legal action. NC allows that by law.
What “law” in the State of North Carolina specifically states that “anyone can file a lawsuit even if they have no justification”?

Only a pretentious wannabe that has never heard of a “Rule 11” , much less shoved a foot inside of a school of law would make such a reckless, irresponsible suggestion!

Below is an example of what is virtually a universal procedural rule among the states, including the State of North Carolina, as adopted from the Federal Rules of Civil Procedure.

I suggest that you have someone read and try to explain it to you.

N.C.R.C.P. Rule 11. Signing and verification of pleadings.
(a) Signing by Attorney. – Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading, motion, or other paper and state his address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit.

The signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant.

If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee.
(Emphasis and spacing added.)
 

quincy

Senior Member
You are assuming, perhaps, that an attorney is involved, latigo, or that an unrepresented party cares whether or not he is sanctioned? :)

Unjustified suits are filed.
 
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