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Hoping to get some good answers from those knowledgable.
Here's the scenario:
A person, over 500 miles away, in another state, has named me
in a frivolous lawsuit. This is the third attempt by this
person to file suit against me within the past two years.
This plaintiff is filing all these cases without the benefit
of having (or being able to get, I might add) an attorney.
I am reminded every few days by this person that I've been
named in the suit, and I'm "going to get it now". This has been
going on for almost five years now. Prior to actually filing
the other lawsuits, I was threatened with "I'm going to name
you in a lawsuit, and the courts are going to get you" on a
near-daily basis.
I have yet to be served with any papers, summonses, subpoenas,
or complaints to date. Therefore, I have not been sued, only
named in a legal action, and then only identified by a screen name,
or an e-mail address. This person does not have any contact
information about me that I know of, or I believe I would have
been contacted at home or work by them. It has been demonstrated
in the past (to my satisfaction) that this person has a history
of this type of conduct.
The previous editions of this suit have all been dismissed on
several grounds, one of them because the judge in the case said
that the plaintiff was in over his head by acting as his own
attorney, and failing to take any action at all to actually serve
a defendant.
I do not wish to give this plaintiff any identifying information
about myself, for any reason whatsoever. To do so would only
make it child's play for them to continue to harass and threaten
me. This is something I naturally wish to avoid.
Working within the legal system, what course of action should I
take to put a stop to this once and for all? Ideally, I would
like to have this person's internet access taken away, because
of the pattern of threateing emails and other contacts that stem
from the internet. At the very least, I would like to have a court
issue an order that this person may never file any legal actions
again, without having a competent attorney first.
How do I put a permanent stop to this?
---
-Those who complain about others not being "team players"
are usually the ones who don't give up the ball.
-----
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A person, over 500 miles away, in another state, has named me
in a frivolous lawsuit. This is the third attempt by this
person to file suit against me within the past two years.
This plaintiff is filing all these cases without the benefit
of having (or being able to get, I might add) an attorney.
I am reminded every few days by this person that I've been
named in the suit, and I'm "going to get it now". This has been
going on for almost five years now. Prior to actually filing
the other lawsuits, I was threatened with "I'm going to name
you in a lawsuit, and the courts are going to get you" on a
near-daily basis.
I have yet to be served with any papers, summonses, subpoenas,
or complaints to date. Therefore, I have not been sued, only
named in a legal action, and then only identified by a screen name,
or an e-mail address. This person does not have any contact
information about me that I know of, or I believe I would have
been contacted at home or work by them. It has been demonstrated
in the past (to my satisfaction) that this person has a history
of this type of conduct.
The previous editions of this suit have all been dismissed on
several grounds, one of them because the judge in the case said
that the plaintiff was in over his head by acting as his own
attorney, and failing to take any action at all to actually serve
a defendant.
I do not wish to give this plaintiff any identifying information
about myself, for any reason whatsoever. To do so would only
make it child's play for them to continue to harass and threaten
me. This is something I naturally wish to avoid.
Working within the legal system, what course of action should I
take to put a stop to this once and for all? Ideally, I would
like to have this person's internet access taken away, because
of the pattern of threateing emails and other contacts that stem
from the internet. At the very least, I would like to have a court
issue an order that this person may never file any legal actions
again, without having a competent attorney first.
How do I put a permanent stop to this?
You have made the question too hard. Your question indicates that you want
a way to stop frivolous lawsuits, but the method must not involve revealing
your contact information. Can't be done. If your question were simply how
to stop harassing, frivolous lawsuits, the answer would be a lawsuit of your
own for malicious prosecution. The result, if you win, would be a
requirement that before the person could file a lawsuit again in that state,
a judge would have to approve it. The result would NOT be denial of
internet access. That's out of the question. That suit would involve
revealing your service information. The defendant could depose you and ask
for your address. Once you are a party represented by an attorney, the
defendant could serve a counterclaim on you by serving the attorney. And
doing it without an attorney solves nothing. You won't be allowed to create
a situation where you are allowed to file the malicious prosecution lawsuit
but the defendant isn't allowed to serve you with the answer, counterclaims,
motions, responses to motions, discovery requests, etc.
McGyver
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