Legal Question in Civil Litigation in Illinois
Repeat filings
How many times can someone file a small claims suit on a piece of property? For the 3rd time now, my father has been the defendant in such a lawsuit by the plaintiff only to have the plaintiff not show up to court each time. I was even at one of these proceedings in place of my father. How can this keep happening? Thank you.
2 Answers from Attorneys
Re: Repeat filings
This is called abuse of process and gives you a cause of action for damages against the person who is abusing the system.
You may be entitle to attorney fees, wage loss for the times your father has showed up in court and other expenses related to the abuse of process.
Next time you are in Court and the plaintiff does not show up, ask the judge to dismiss the case "with prejudice" and give the judge your history of dealing with this person.
Chances are the judge will do so and he won't be able to file again--ever.
I hope this helps,
Taradji law Offices
Re: Repeat filings
This is called abuse of process and gives you a cause of action for damages against the person who is abusing the system.
You may be entitle to attorney fees, wage loss for the times your father has showed up in court and other expenses related to the abuse of process.
Next time you are in Court and the plaintiff does not show up, ask the judge to dismiss the case "with prejudice" and give the judge your history of dealing with this person.
Chances are the judge will do so and he won't be able to file again--ever.
I hope this helps,
Taradji law Offices
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
