It’s not difficult to sue another person in Nevada. All you need is a complaint which contains a “short and plain statement” showing that you are entitled to some relief (See, NRCP Rule 8) and a couple hundred dollars for filing fees.
It is not uncommon for a defendant to contact our office and state that they are being sued and that the plaintiff’s allegations are without merit. Most defendants feel this way. However, sometimes the defendant is absolutely correct in their assertion. The problem for the defendant is that now they have to spend money to defend this frivolous claim.
When a defendant is sued for reasons other than settling a legitimate legal dispute, we always include a counter-claim against the plaintiff for abuse of process.
Abuse of process claims are easy to assert but difficult to prove. They require the person claiming abuse of process to show the plaintiff brought the lawsuit with an ulterior purpose other than resolving a legal dispute, and the plaintiff made a willful act in the use of the regular court proceedings. See Bull v. McKusky, a case decided by the Nevada Supreme Court in 1980. In that case, the plaintiff filed suit against a doctor hoping that the threat of litigation would cause the doctor to pay some money in settlement. Basically, the plaintiff was using the court system to extort the defendant. Courts don’t like being used in that manner, so they found for the defendant.
Notwithstanding the opinion in Bull, Judges are hesitant to allow abuse of process claims to proceed, as judges favor the court system for the resolution of legal disputes. They want people to bring their grievances to the courts for resolution, and they want people to feel that access to the court system is available for all.
Hire an Attorney When Wrongfully Sued
Your best bet is to hire the Firm to ensure you properly answer the complaint’s allegations.
If you have been sued, please contact us today.