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A Credit Counselor Versus a Bankruptcy Attorney


About Me

A Credit Counselor Versus a Bankruptcy Attorney

When I was drowning in debt, I knew that soon enough I would need to file for bankruptcy. I simply didn't make enough to cover the amount of debt I had accumulated. However, I was not sure whether I should work with a credit counselor or a bankruptcy attorney. I did a lot of research on the subject and found that there are pros and cons to working with both a credit counselor and a bankruptcy attorney, and that you also had the option of working with both at the same time. Ultimately, I decided to hire the attorney, but that may not be the best option for everyone. I created this website to help you understand what a credit counselor is and what they do, what a bankruptcy attorney is and what they do and how each can help you if you are drowning in debt.

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Why Some Lawsuits Are Considered Frivolous by the Courts

The purpose of a lawsuit is for the litigant to receive compensation for the damages they have suffered. However, there are some cases where a litigant will decide to file a lawsuit in which there is no factual basis. This is considered a frivolous or abusive lawsuit and there are steps you can take to put a stop to it.

Examples of Lawsuits That Are Frivolous

A common example of a frivolous lawsuit is when an individual files a lawsuit over emotional distress due to an advertisement that you aired for your business. Another example would be one where a customer goes to use a product that does not function as intended and the user of the product experiences an inconvenience. For example, a user might sue over a GPS not giving good directions and causing the individual to be late when they arrived at work.

In some cases, ridiculous lawsuits are filed because the individual involved actually misunderstood the law. However, there are other cases where the individual filing the lawsuit understands that it has no merit and files the lawsuit for illegitimate reasons.

Harassing Lawsuits

Some lawsuits are filed specifically to harass an individual. This is meant to waste your time and money as a way to punish you or as a way to grab your attention. Also, the lawsuits are often filed to damage your reputation by tricking others into believing that the lawsuits are legitimate.

In other cases, a lawsuit might be filed for political reasons. For example, the lawsuit might be filed as a way to generate publicity for a political cause or for a non-profit organization. However, to have the lawsuits dismissed as frivolous, you will need to prove that they are being filed in bad faith and are intended to:

  • Torment
  • Hinder
  • Embarrass
  • Deter
  • Intimidate

To determine if this is the case, you must get in contact with an attorney who is specialized in stopping frivolous lawsuits.

The Consequences of Filing a Frivolous Lawsuit

If you and your attorney are able to prove that the lawsuits are frivolous, the courts might place restrictions on the ability of the plaintiff to file lawsuits in the future. The plaintiff might also be forced to pay for your legal fees and any other expenses you have incurred as a result of the frivolous lawsuit. Therefore, you may be able to receive full compensation for the cost of hiring your lawyer.

For more information about how to stop abusive lawsuits, contact a lawyer in your area.