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My firend is being 'sued' frivolously and maliciously. What should he do?

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Siber

Junior Member
My friend is being 'sued' frivolously and maliciously. What should he do?

What is the name of your state (only U.S. law)? North Carolina

Lisa filed papers to keep Joe from stalking her.
Joe has never stalked Lisa or anything remotely close.
Lisa owes Joe $1600 and does not want to pay it back.
Lisa also filed a $5000 small claims against him, saying he has her stuff.

What should he do?
File a counterclaim for harassment and for filing a frivolous lawsuit and for the $1600 she owes him?
How does he prove he does not have $5000 worth of her stuff?
Does she not have to prove first that he does have it?
Thank You for your time.
 
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Proserpina

Senior Member
What is the name of your state (only U.S. law)? North Carolina

Lisa filed papers to keep Joe from stalking her.
Joe has never stalked Lisa or anything remotely close.
Lisa owes Joe $1600 and does not want to pay it back.
Lisa also filed a $5000 small claims against him, saying he has her stuff.

What should he do?
File a counterclaim for harassment and for filing a frivolous lawsuit and for the $1600 she owes him?
How does he prove he does not have $5000 worth of her stuff?
Does she not have to prove first that he does have it?
Thank You for your time.

I see no harassment.

In small claims it will come down to who can prove what. If she cannot prove that Joe has her "stuff", she'll lose the suit.

How often has Joe contacted Lisa about repaying what he alleges she owes him?

Can HE prove that SHE owes him money?
 

Siber

Junior Member
Wow! Thanks for the fast response. :)

//I see no harassment.//
Filing frivolous lawsuits and trying to fleece $5000 from someone who has been nothing but nice to them isn't harassment?

//In small claims it will come down to who can prove what. If she cannot prove that Joe has her "stuff", she'll lose the suit.//
I have no idea how she could possibly prove anything she has said.
It's just her word, from what I'm aware of.

Joe let her live with him, to help her out moneywise as well as give her a place to stay, for about a year. It was not sexual in nature. He treated her more like a younger niece. She did have some of her stuff there. She had access to his place at any time. She already took most of her stuff from his house. Only her and him lived there. He owns a car shop across the street from his house. I work with him there. She would stop by a lot and even gets her mail there. I saw her many times come and go from his house and I'm only there from 10am-6pm, usually inside. She hardly has $5000 worth of worldly possessions from what I've seen, let alone the few things she had at his place. She also has moved around so much in the past few years, she has all kinds of her stuff at 3 or 4 different places. Some at her husband's, some at her boyfriend's, some at her other boyfriend's. She's all over the place. Nobody can say where her stuff is. Not even her.
She leeches off of everybody and Joe is just a nice guy she is taking advantage of.
She is a convicted felon for writing bad checks and did 6 or 9 months in prison.
She has never had a stable job.
Joe has been self-employed restoring classic cars for 30 years in the same spot. Never anything more than a speeding ticket. He's 56, she's 33.
She has had a heart defect since birth and has had several transplants over the years.
She plays the sympathy thing with people a lot and is always begging for people to loan her money, even though she would have just gotten her monthly $800+ check from the government.
She's the epitome of white trash. She is completely bonkers. Joe has always been nothing but helpful with her and with everybody. He's a great guy. She's a monster.
She needs to be taught a lesson, but for now, I'd just like to see the courts not rule in her favor.

//How often has Joe contacted Lisa about repaying what he alleges she owes him?//
About 3 months ago, he made $1000 down payment on a car for her at a dealership.
The deal was, he was giving her the $1000 for her used truck, instead of selling it to the dealer.
She promised him the title. She never gave it to him.
She said she had the truck sold and was going to pay him the $1000 once the check cleared *rolls eyes*.
This went on for a couple of weeks.
During which time, she had also ran up a $300 cell phone bill, which was under Joe's name.
Joe called her several times, over a couple of weeks, wondering what was going on with the phone and where his $1000 was? On average, from what I saw, he'd call her a few times in a row, usually it went straight to voicemail, to try and get a hold of her and would only do this once or twice a day.
Joe doesn't have time to mess around with this ridiculous nonsense from her lunatic mind.
He works hard every day on high dollar show type vehicles and this childish crap from Lisa is completely not worth his time nor should it be tolerated to be said against his good name. Everybody knows this guy and I have yet to hear anyone say anything bad about him. He helps out anyone, any time he can. She's nothing but a waste of existence.

//Can HE prove that SHE owes him money?//
He does not have any written account, as far as I know.
He has 3 witnesses for the $1000.
Me and another shop worker heard Lisa talk about how Joe was kind enough to let her borrow the $1000 until her used truck was sold.
Also, Joe gave the $1000 himself to the car salesman at the dealership. Joe is certain the salesman will remember this.
I can also vouch for her owing him a few hundred more.
 
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Proserpina

Senior Member
Wow! Thanks for the fast response. :)

//I see no harassment.//
Filing frivolous lawsuits and trying to fleece $5000 from someone who has been nothing but nice to them isn't harassment?

Not in the legal sense, no - and you've said nothing to suggest that such a lawsuit is actually frivolous.

//In small claims it will come down to who can prove what. If she cannot prove that Joe has her "stuff", she'll lose the suit.//
I have no idea how she could possibly prove anything she has said.
It's just her word, from what I'm aware of.

Joe let her live with him, to help her out moneywise as well as give her a place to stay, for about a year. She did have some of her stuff there. She had access to his place at any time. She already took most of her stuff from his house. Only her and him lived there. He owns a car shop across the street from his house. I work with him there. She would stop by a lot and even gets her mail there. I saw her many times come and go from his house and I'm only there from 10am-6pm, usually inside. She hardly has $5000 worth of worldly possessions from what I've seen, let alone the few things she had at his place. She also has moved around so much in the past few years, she has all kinds of her stuff at 3 or 4 different places. Some at her husband's, some at her boyfriend's, some at her other boyfriend's. She's all over the place. Nobody can say where her stuff is. Not even her.
She leeches off of everybody and Joe is just a nice guy she is taking advantage of.
She is a convicted felon for writing bad checks and did 6 or 9 months in prison.
She has never had a stable job.
Joe has been self-employed restoring classic cars for 30 years in the same spot. Never anything more than a speeding ticket. He's 56, she's 33.
She has had a heart defect since birth and has had several transplants over the years.

She certainly hasn't had several heart transplants over the years and this tells me that .....


we need to have Joe sign up himself. Because you don't have the details.


She plays the sympathy thing with people a lot and is always begging for people to loan her money, even though she would have just gotten her monthly $800+ check from the government.
She's the epitome of white trash. She is completely bonkers. Joe has always been nothing but helpful with her and with everybody. He's a great guy. She's a monster.
She needs to be taught a lesson, but for now, I'd just like to see the courts not rule in her favor.

Not your legal business.

Practice the fine art of MYOB. :cool:

//How often has Joe contacted Lisa about repaying what he alleges she owes him?//
About 3 months ago, he made $1000 down payment on a car for her at a dealership.
The deal was, he was giving her the $1000 for her used truck, instead of selling it to the dealer.
She promised him the title. She never gave it to him.
She said she had the truck sold and was going to pay him the $1000 once the check cleared *rolls eyes*.
This went on for a couple of weeks.
During which time, she had also ran up a $300 cell phone bill, which was under Joe's name.
Joe called her several times, over a couple of weeks, wondering what was going on with the phone and where his $1000 was? On average, from what I saw, he'd call her a few times in a row, usually it went straight to voicemail, to try and get a hold of her and would only do this once or twice a day.
Joe doesn't have time to mess around with this ridiculous nonsense from her lunatic mind.
He works hard every day on high dollar show type vehicles and this childish crap from Lisa is completely not worth his time nor should it be tolerated to be said against his good name. Everybody knows this guy and I have yet to hear anyone say anything bad about him. He helps out anyone, any time he can. She's nothing but a waste of existence.

//Can HE prove that SHE owes him money?//
He does not have any written account, as far as I know.
He has 3 witnesses for the $1000.
Me and another shop worker heard Lisa talk about how Joe was kind enough to let her borrow the $1000 until her used truck was sold.
Also, Joe gave the $1000 himself to the car salesman at the dealership. Joe is certain the salesman will remember this.
I can also vouch for her owing him a few hundred more.


Please have Joe sign up.

Thanks! :cool:
 

Siber

Junior Member
//Want to counter-sue for harassment? Need to remove to regular court from small claims.//

K.
She filed two suits. He has two separate court dates to go to now. :(
One in domestic? court for the stalking.
One in small claims for the $5000.

He's fairly confident he can get the staking throw out without much problem. Nevertheless...
With that case, can he counter-sue for harassment, frivolous suit, slander, libel, anything?
Could he, should he, put out a restraining order?
What could he do to stop her from filing this type of nonsense?
 

Proserpina

Senior Member
//Want to counter-sue for harassment? Need to remove to regular court from small claims.//

K.
She filed two suits. He has two separate court dates to go to now. :(
One in domestic? court for the stalking.
One in small claims for the $5000.

He's fairly confident he can get the staking throw out without much problem. Nevertheless...
With that case, can he counter-sue for harassment, frivolous suit, slander, libel, anything?
Could he, should he, put out a restraining order?
What could he do to stop her from filing this type of nonsense?


Really - you need to have Joe sign up himself. Or, he can speak to a local attorney.

(And perhaps he can read posts here pertaining to slander, etc.,)
 

Siber

Junior Member
//Not in the legal sense, no - and you've said nothing to suggest that such a lawsuit is actually frivolous.//

K.
What are the requirements of a frivolous suit?


//She certainly hasn't had several heart transplants over the years and this tells me that ..*****/
Are you trying to find fault with my credibility?
I'm just telling it like it is.
From what she says, yes she has. And I have yet to hear anyone who knows her dispute it.
As she's grown older, they have had to put in bigger parts, so to speak.
She's had her chest opened 20+ times.
You can hear the thing pumping/clicking from about 20 feet away in a quiet room. Her scars are also very visible.
She takes meds all the time and goes to the hospital for special treatments regularly.
I've seen the meds delivered to the shop and have taken her to the hospital on several occasions.

//we need to have Joe sign up himself. Because you don't have the details.//
lol That's a good one. If you only knew.
Every day, Joe tells me all about his goings ons. A lot more than I care to hear, if you must know. Repetitively.
It's funny. You see, we even talk about how much he likes to talk. I'm a yankee from Ohio. He's a redneck from North Carolina. And these rednecks sure do like to carry on a conversation. We northerners tend to get to the point, unless we've had a few beers. But these guys down here, man they just love to go into every detail and nuance with their stories.
Yes, I was not around for every convo they had.
But I was around for a lot of them and I sure heard about a ton of them the next day.
I'm very in on the details.


//Not your legal business.

Practice the fine art of MYOB.//

I'm just giving you a little background.
Doe is not go towards her credibility.
I do have first-hand knowledge/experience of her meanness and his kindness.


//Please have Joe sign up.

Thanks!//

I'm Joe's personal internet guy.
Anything you have to say to Joe, you can say to me.
What exactly have I not been clear enough about?
I'm happy to fill in any blanks.
 

Siber

Junior Member
//Really - you need to have Joe sign up himself. Or, he can speak to a local attorney.

(And perhaps he can read posts here pertaining to slander, etc.,)//

He will go to an attorney, if necessary.
I thought this was a place to come for advice?
Is my legal jargon not up to par for you to trifle with?
Sorry about that. But you won't fare any better with Joe, I assure you.
He's a 56 year old guy that has worked on cars all his life, has never had to deal with legal matters except a divorce 18 years ago, and just recently got a laptop and isn't quite sure why. :) He's a great guy, but couldn't find the minimize button if you paid him.

As far as my slanderous claims, so what?
Is it slander if it's true?
To the best of my ability, I have said no untrue statements.
Joe would agree, and has, with everything I've said.
If Lisa has a problem with my claims, she can bring it up with me any time.

This is crazy. I didn't come here for an argument. I have a friend who has legal problems, through no fault of his own. I would like to help him if I can. I just would like some honest, helpful advice. Sheesh.
 

Proserpina

Senior Member
It's nothing personal - this is, simply, not your legal matter. If Joe wants legal advice, he can come here himself - or he can speak with a local attorney.
 

Siber

Junior Member
Really. Huh.
Who knew this forum was so...legal.
Are you not allowed to help people who do not have internet access?
Are friends of victims not allowed to ask for advice in this forum?
What about family?
What is the point of this forum? Am I missing something?
What kind of bizarro website did I get myself into here?
 
Really. Huh.
Who knew this forum was so...legal.
Are you not allowed to help people who do not have internet access?
Are friends of victims not allowed to ask for advice in this forum?
What about family?
What is the point of this forum? Am I missing something?
What kind of bizarro website did I get myself into here?

Sure. If we choose to. Then again. There are libraries. Charities. Even coffee shops and hospitals these days have internet access.

Nope. They're allowed.

Ditto.

Read the forum. Yes.

You did nothing that cannot be changed.
 

Siber

Junior Member
Apparently, I am missing something.
I say I am a friend of someone who could use advice.
You say that I should not be on here asking for advice.
You then say it's ok for friends to ask for advice.
Which is it?
Am I allowed or not?
If so, what should my friend do?
Just ride it out and hope for the best?
That seems to be all the advice I've gotten so far.
Thanks for all your help. :(
 

tranquility

Senior Member
It is necessary for the people wanting advice to be here, not those helping them.

But, when there is such a complex set of facts, there is never going to be a call of frivolous lawsuits. If the friend starts winning these things (In that there is NO settlement to the other side.) THEN he can start talking about counters to the filing of the suits. Until the wins start coming, the only answer is to tell it to the judge.
 

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