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When we think of “abuse,” we often picture shouting matches, threatening texts, or stalking in the shadows. But there’s another form of harassment that hides behind mahogany court benches and stacks of legal filings: the vexatious litigant.
This is hands down, no doubt, the kind of person who turns the court system into their personal weapon. Which will probably feel familiar to similar topics we’ve covered recently, as the personality archetype is pretty standard in this type of individual.
They aren’t at all seeking justice; they seek to exhaust, intimidate, and financially drain their target(s) until the mere thought of another hearing makes the victim’s stomach churn. Sadly, they are very common in family court, a problem that desperately needs to be addressed. And if you’ve ever found yourself buried under a mountain of baseless lawsuits or endless motions, you might have already crossed paths with one.
Here’s a quick guide on what they are, how to spot them, and how to protect yourself.
What is a Vexatious Litigant?
A vexatious litigant is someone who intentionally misuses the legal system to harass or oppress others, filing repetitive, meritless lawsuits or motions. These filings often lack evidence, legal standing, or a reasonable purpose except to create chaos.
In many states, once a person is declared a vexatious litigant by a judge, they can’t file new lawsuits without court permission. Michigan, for example, uses MCL 600.2591 to award costs and fees when lawsuits are frivolous, while other jurisdictions have specific “vexatious litigant” statutes.
The designation is a public warning: This person has a track record of abusing the courts. And while lawyers have an ethical responsibility to discourage as well as not engage in this kind of behavior, some do it solely because a state’s laws might allow it.
Red Flags: How to Spot One Early
Most vexatious litigants follow a pattern, and if you know what to look for, you can see them coming before they file their first complaint against you. Watch for:
- Frequent Filings in Multiple Cases: They’ve sued ex-partners, employers, neighbors, journalists…anyone they believe to have crossed them.
- …But The Cases Are Always Dismissed: Court records show a trail of failed or dismissed cases.
- Repetitive Claims. Even after a judge dismisses their case, they refile the same allegations under a new docket number, sometimes in another jurisdiction.
- Weaponizing Technicalities. They obsess over minor procedural details such as deadlines and formatting; not to ensure justice, but to trip you up.
- Targeting Personal Enemies. Their filings aren’t about legal principles; they’re about personal vendettas. They use lawsuits as payback.
- Grandiose or Conspiratorial Accusations. Their complaints often mix real events with exaggerated or outright false claims, painting themselves as the sole defender of truth.
The Damage They Cause
Defending against a vexatious litigant isn’t cheap and they know this. They’ll likely even brag about it at length. Even if you win, you may spend thousands on attorney’s fees, lose time from work, and suffer months (or years) of stress. The emotional toll can be crushing, especially when every motion feels like another ambush.
And here’s the kicker: they count on it. They know most people will settle, drop the fight, or make concessions just to stop the harassment. So it’s in your best interest to come out of the gate strong.
How to Protect Yourself
1. Document Everything
Save every email, text, social media message, and voicemail. Screenshot posts before they vanish. Every shred of evidence helps prove a pattern of harassment.
2. Search Court Records
Many counties have online docket searches. See if they have a history of litigation. A quick search can reveal a decade-long pattern.
3. Seek a Vexatious Litigant Order
If the harassment reaches the courtroom, ask your attorney to push for a judicial designation. This can restrict their ability to file against you without court approval.
4. Push for Sanctions
Judges can order them to pay your legal fees for frivolous filings. While not every court will enforce it aggressively, it creates a financial deterrent.
5. Stay Professional in Court
They thrive on drama. Stick to facts and law, not emotion, so the judge can see who’s really abusing the process in the situation. Most of the time, vexatious litigants are frequent flyers, but it’s good practice either way.
Don’t Let Them Win by Wearing You Down
One of my favorite parts of A Handmaid’s Tale by Margaret Atwood, is when Offred finds a phrase carved into a section of wood in her room, hidden, clearly meant only for her to see:
Nolite te bastardes carborundorum
Roughly: “don’t let the bastards grind you down.”
Vexatious litigants thrive on one thing: your exhaustion. They’ll drag you from hearing to hearing, hoping you’ll break. The best defense is to know what you’re dealing with, lock down your documentation, and use every legal mechanism available to cut off their access to you through the courts.
The justice system wasn’t built to be a bully’s playground. If you see the signs early, you can keep them from turning your life into their next lawsuit hobby.
If you catch an attorney representing someone like this, report them to the State Bar or your state’s Attorney Discipline Board.
📝 FREE Quick Reference: How to Spot a Vexatious Litigant
⚠️ Early Warning Signs:
- Multiple Lawsuits in Different Courts: Do a quick docket search shows they’ve sued many unrelated people or organizations.
- Recycling Old Allegations: Same story, different case number, often filed after losing the first time.
- Overblown Conspiracies: Claims are always a mix of half-truths, exaggerations, and unrelated accusations.
- Obsession With “Winning” at All Costs: They care more about inflicting stress than actually proving a case.
- Paper Bombing: Filing excessive motions, subpoenas, and amendments to overwhelm you.
- Procedural Nitpicking: They hunt for small technical missteps to derail your defense.
- History of Sanctions: Past judges have fined them for frivolous actions.
🛡️ Protect Yourself:
- Document Everything: Save texts, emails, and screenshots.
- Search Their Litigation History: Many courts have public online searches.
- Ask for a Vexatious Litigant Order: Restrict their future filings without court approval.
- Push for Attorney Fee Sanctions: Make them pay for wasting court time.
- Stay Professional: Keep emotion out of court; let their behavior speak for itself.
Have you ever had to deal with a vexatious litigant? Share your story with clutch.
