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As you hear and see over and over in the media, there are a series of bizarre actions in our country. So, what are the possibilities of dealing with frivolous complaints?

Your Options with Frivolous complaints

When we talk about frivolous complaints, it is important to understand a few things first. Simply put, the question of what is dishonest is not so easy to answer as it seems at first glance. We have all heard about the verdict against McDonalds for three million U.S. dollars for the provision of coffee, which is too hot. In this case, however, the action is not per se frivolous. Instead, the verdict of the jury again that reckless manner and in the series.

In our legal system that virtually anyone can make a process so long as the money to do so. It costs a few hundred dollars, depending on location. When submitting such a complaint, the person various claims against the defendant. If the claims are so absurd, and as frivolous, the court will not consider it illegal. Actions are a matter of civil law, not criminal prosecution. In short, a civil action decided error, not whether something is illegal.

While a judge does not rule out frivolous action illegal, it can be a further step. As the case proceeds, the defendant may be a movement called a summary sentence. In this application, the defendant contends that even if all the facts of the evidence by the applicants are presumed to be true, the defendant still has done nothing wrong. When the judge explained that the process is over. Depending on the condition, the court may also possible, the costs and fees to the defendant. The defendant, however, has another point in his arsenal.

After successful defense of a claim, the defendant has the opportunity to file a malicious prosecution action. These are sometimes called "Slap" actions in certain states. In such a process, the defendant contends that the applicant is a non-frivolous claim for the pure purpose of harassing or that the defendant money for attorney fees. If the defendant is successful, the claim that he or she can often return the fees for a lawyer and other damage, depending on the relevant state law.

Frivolous complaints are a fact of life in our modern society. A determined defendant in a civil action, but has the ability to turn around and return them to the plaintiff for the filing of them.