Misuse the court question

[tekz999]

1) Let's say a person sues another person for childish things like saying the "F" word in email, isn't this a "misuse" of the court system? Please show me cases in where the plaintiff misuses the court system for "childish acts", and the judge award the victory to the respondent.

2) Person A is in USA. Person B is in Japan. Person A sues Person B for dispute over quality of service. Let's say person A sues person B in the court system of USA, and person A wins because person B never show up in court. Is this even a valid sounding case? Can the judgement from USA carries into Japan, and person B be liable for the judgement? But person B lives in Japan. Isn't person B protected by the laws of Japan, and whatever judgement held in USA will not be affected to him? Cause he is a japanese citizen?

Thanks guys!

 

[mambo]

ooOoo i hope theese are not rhetorical.com questions tekz!

1: If both parties are situated in the US i believe there will not be a misuse ruled trial, in a lot of cases the parties will let their agression make the case itself, and the lawyers will play further on it. (Source: Judge Judy without the lawyers)

2. The parties would probably rule the case verdict in the US, having no affect on person b, if its serious, you might be picked up on your next arival into the US

 

[tekz999]

No, I am saying Person A sues person B because person B has said the "F" word to person A in email. That is all. Isn't this clearly a misuse of court system? I want to see cases and judgement references for cases like this please.

 

[Credit]

No, I am saying Person A sues person B because person B has said the "F" word to person A in email. That is all. Isn't this clearly a misuse of court system? I want to see cases and judgement references for cases like this please.

There's nothing illegal about it and nobody can sue you for it..

 

[tekz999]

Well, I am looking for cases in which the plaintiff misuses the court system for situation like this.

 

[Cartoonz]

Person B obviously did nothing to contest the filing, ridiculous or not. If a default judgment was entered for Person A against Person B (which would happen if Person B ignored the suit) then Person B now has more work to do to get out of it - i.e. Person B needs to file his own legal motions to dismiss the judgment (something harder to do than to have answered the complaint in the first place).

Should Person B not do anything and the judgment against Person B has monetary value, Person A could file a new motion to seize any assets Person A may have that are within reach (like domain names)...

Ridiculous or not, if there is a judgment against Person B then Person B needs to actually DO something rather than sit in Japan and laugh...

That's my take on it anyway... not legal advice.

 

[tekz999]

Cartoonz: Do you have any cases about these ridiculous court filings?

I mean link to case samples and judgements... you know what I meant...

 

[Cartoonz]

What I'm saying is that it is not a matter of being ridiculous or not... if it goes unchallenged, the court is prone to just make a judgment of default if the defendant does not contest it.

I'm sure there are a whole slew of ridiculous cases like that if you look but the fact remains that if there was a default judgment, that judgment has teeth regardless of how ridiculous the original suit was...

The court that it weas filed in may not have been the proper venue due to jurisdiction, the case may have been frivolous, there are a whole slew of things that could/should be wrong with the case... but if it got a judgment... those things will still need to be argued by the defendant to get it dismissed... ignoring it will not likely make it just magically disappear.

 

[tekz999]

So basically the fact that anyone can sue anyone for anything still exist. I am still looking for case samples like this. Hopefully someone can shed some light, and point me to the right direction with ridiculous cases like this, so I can read about it.

 

[Cartoonz]

read this on what a default judgment is:
http://research.lawyers.com/Default-Judgments-in-Civil-Lawsuits.html


read this on vacating a judgment:
http://www.creditinfocenter.com/legal/VacatingJudgments.shtml

Here's an example of how a frivolous suit can become a major problem:
http://www.connecticutbusinesslitigation.com/tags/default-judgment/

 

[denny007]

1.
AFAIK there does not exist officially "misuse of court system" in the USA. In countries with common-sense legal system they let such complainants pay the respondents fee but not in the USA

2.
Yes they can do that, you can go to default judgement and if complainant has requested 30 millions he will get it. Then they can go for any assets you got - i.e. domains (.com .net .org has ALWAYS jurisdiciton in the USA because of the registry).

You can avoid this send simple short letter to the judge, then they have to go for a trial and it will cost them 6-digit amount.

If they are company with presence in Japan you can counter-sue them in Japan, that would be your home-turf.

 

[tekz999]

I thought in US, the respondent can still request the judge to have the complainant pay all legal fee incurred.