habitual suit filer

[jamesdo]

For Texas,

If someone is prone to file frivolous law suits, how do you find out about the previous suits that person had filed? If the suit was dropped, can you still trace it? Thanks in advance.

 

[JETX]

Go to your county courthouse and look at the records. They will show every case where the individual was a party (plaintiff or defendant) for all cases (including dismissed cases).

 

[I AM ALWAYS LIABLE]

My comment:

Just a quick P.S. to our writer's post.

The phrase you're looking for is "vexatious
litigant" - which is a person, determined by the courts, to be someone who files and loses action, after action, after action.

In California Small Claims courts, for example, if you file 6 or more claims in one year, and lose them, you are deemed a vexatious litigant, who must from then on, receive the court's permission to file any further lawsuits.

IAAL

 

[DuckyH]

One important correction

Although this post is very old (2001) I wanted to improve on this answer from "I Am Always Liable" regarding the third paragraph (underline added.)

In California law, Code of Civil Procedure 391-391.7 defines a vexatious litigant and the court's remedies available to curtail the fun they have at other's expense.

In § 391(b) defines a vexatious litigant as (paraphrasing to save space) anyone who in the last seven years has filed at least five suits in pro per (not represented by an attorney) where the person lost the case, or where the lawsuit was left open, without good reason, for at least two years without taking the required steps to proceed to trial. The vexatious litigant statute specifically excludes small claims cases from the required minimum total of five cases in seven years.

In California small claims courts, generally, filing over 12 cases in any one year only results in paying a higher filing fee to the court clerk when filing additional cases.

This is not to say that the small claims court could not declare someone as vexatious if they filed only six losing cases, but if that happens it should be grounds for appeal since it appears to not be supported by this statute.

Source: WAIS Document Retrieval

My comment:

Just a quick P.S. to our writer's post.

The phrase you're looking for is "vexatious
litigant" - which is a person, determined by the courts, to be someone who files and loses action, after action, after action.

In California Small Claims courts, for example, if you file 6 or more claims in one year, and lose them, you are deemed a vexatious litigant, who must from then on, receive the court's permission to file any further lawsuits.

IAAL

The fine print: I am not an attorney. Your mileage may vary.

 

[Proserpina]

Although this post is very old (2001) I wanted to improve on this answer from "I Am Always Liable" regarding the third paragraph (underline added.)

In California law, Code of Civil Procedure 391-391.7 defines a vexatious litigant and the court's remedies available to curtail the fun they have at other's expense.

In § 391(b) defines a vexatious litigant as (paraphrasing to save space) anyone who in the last seven years has filed at least five suits in pro per (not represented by an attorney) where the person lost the case, or where the lawsuit was left open, without good reason, for at least two years without taking the required steps to proceed to trial. The vexatious litigant statute specifically excludes small claims cases from the required minimum total of five cases in seven years.

In California small claims courts, generally, filing over 12 cases in any one year only results in paying a higher filing fee to the court clerk when filing additional cases.

This is not to say that the small claims court could not declare someone as vexatious if they filed only six losing cases, but if that happens it should be grounds for appeal since it appears to not be supported by this statute.

Source: WAIS Document Retrieval





The fine print: I am not an attorney. Your mileage may vary.

No doubt someone else will report the post but..I have to ask.

Why on earth did you dig up an almost 10 year old post?

 

[aldaron]

Rest in peace jetx **************.....from those that met you. Our lives re richer**************....because of you.

 

[aldaron]

This is TX, what county?

 

[eerelations]

total confusion