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The Legal Battle Erupts… Again

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As I stated in an earlier post, I endured a 2 year legal battle before the lawsuit was dropped in January. I was excited but wouldn’t feel truly free until the statute of limitations expired mid-way through this month.

On Sunday, I was served with legal papers. The plaintiff has re-opened the lawsuit, added my husband as a co-defendant (even though my husband has no legal ownership in our home), and is asking for more money than ever.

To me, it’s a fairly cut and dry frivolous lawsuit and I will gladly share the details once it’s over (if it ever ends) but I live in the lawsuit friendly state of California and I don’t have faith in our judicial system to protect me.

We’re going to bump up our emergency fund in preparation for legal fees. I’m not sure how far the plaintiff will go, but we’re preparing for the worst.


13 Comments

  • Reply Another Reader |

    If this person is suing you continuously, he is probably suing others as well. If he has a long history of filing frivolous lawsuits, you might have a chance of getting the suit thrown out on summary judgement as he may be what is called a “vexatious litigant.”

  • Reply Evan |

    You should really get in touch with a GOOD lawyer out there, but there are certain aspects of Civil Procedure beyond just the Statute of Limitations where you may have an opportunity to end this lawsuit earlier than later – maybe mention to your attorney smoothly (we don’t like to be told what to do) about Summary Judgment Motions, Failure to Prosecute, Res Judicata and Collateral Estoppel (if the matter was previously settled).

    Just some thoughts.

  • Reply Jen |

    Ugh 🙁 Good luck! I hope it all works out for you, and it’s a shame you have to go through this ordeal… again.

  • Reply Raoul |

    So sorry to hear this. Hopefully your homeowners’ insurance will cover the expenses of the lawsuit! Good luck.

  • Reply Claire in CA, USA |

    Oh man, that’s awful. I worked in litigation for years, and I know how stressful it can be. Saying a prayer that this goes away sooner rather than later.

  • Reply mary |

    I am so sorry what you are going through. 🙁 Anything court related is no fun. I hope you get through it and it isn’t as bad as it appears.

  • Reply emmi |

    Painful for you to say “well, I told me so” in that you refused to celebrate early, but you WERE wise.

    Boy, good luck. *sending evil thoughts at anonymous pathetic litigious person*

  • Reply Kate |

    Oh, that sucks doesn’t it?!

    Wow. What a sue-happy state you live in.

    I have personally endured the legal system for various reasons over the last 5 years as the statute of limitations in our country was 6 years up until a few years ago. Still at the pre-trial stage of one, and ready to go through discoveries for another.

    So stressful, expensive and incomprehensible to people who haven’t experienced it.

    Nothing compares to feeling like everyone coming to your door is some thug process server. Or every fax coming through is a legal document.

    How did you seem to have an idea that they were going to come out of the woodwork at the 11th hour? Sorry that your hunch was right.

    Hang in there. I try to remember that some people are going through life or death issues and would be happy to be going through a nasty lawsuit. It helps me get perspective.

  • Reply Lizzie |

    It amazes me that there are people in this world trying to make a living with false accusations against an innocent person.

    Pretty sick way to earn a buck, if you ask me!

So, what do you think ?