How to prove frivolous suit after I won.....

[halfceo]

What is the name of your state? IL

I got sued over "a verbal agreement" that never happened. I won the suit. How do I go about prooving this was a Frivolous suit in order to sue this guy back to get lost time and money back - that I spent on this suit? Is there such a thing - or are those expenses just part of court - that I cannot recover?

I am sure you need detailes - got taken to court by guy who said I promissed to sell him a car. I never said or wrote such a thing - I actually thought he was nuts until I got served and then realized he is really nuts! He walked into court without any documents, without any proof... 10 minutes later - I win the suit and that is that... I did have to show up to court 2x and lost 2 days of work time.

The money and time lost for this are not recoverable?
- Lost 2 days from work to attend this deal
- travelling expenese - 120 mile round trip

Thanks
Halfceo

 

[Zigner]

If he reasonably believed you had offered to sell the car, then I don't see how you can win. A misunderstanding does not equal a frivolous lawsuit.

 

[shannon-cl]

First step is to retain a lawyer. I think there is not much you can do. You may cause yourself unnecesary expenses in legal fees and may never recover a dime in the end. First, just because you feel the suit has not merit, it doesn't mean the lawyer or the courts will. Just because you won does not mean you can successfully sue the other party for a frivilous suit. Sometimes lack of sufficient evidence can cause one to lose. That doesn't mean you would win a suit . Ask a lawyer. The charge a minimum of $200 per hour for advice.

 

[Ohiogal]

He should have countersued at the time of the original suit if he thought he had a case. But as everyone else has said, jsut because the other side lost doesn't mean it is frivolous.

 

[halfceo]

Thanks to All for responce's!

Judging from your responces this sounds like something not worth pursuing!!! Or at least it will cost a lot more then what i "might" recover - and there is also a chance I wont recover anything at all - just add on more expenses!


Quesiton:

So technically speaking - someone can take someone to court - just to teach them a lesson (that is what I felt happened) - The guy that sued me did not have money to put down a deposit on the car, I said if Joe Doe walks in through the door in 1 hour I will sell the car. He begged and begged but I said no. Sure enough - 1 hour later, Joe Doe walks in and buy the car. The guy call me back says he has money for car - I said car is sold - he says I ripped him off? Is there anyway to prevent this or at least fight back in some manner (court wise)? I dont believe I had an option to countersue (maybe I was just no as aware of it at that point).

 

[seniorjudge]

Yes, you had the option to countersue at the time you got sued.

Actually, courts don't like endless litigation over the same matter.

Google res judicata

 

[halfceo]

Thanks!

Got it, makes sense...

Last question - I promise!

In the future - it will be possible that if someone tries to sue (to teach someone a lesson - which I assume happens (more then I think probably) it is then possible to countersue them for a Frivolous suit - correct?

Thanks again
Halfceo