You’ve Been Targeted By a Vexatious Litigant. Now What?

None of what I’m about to share is legal advice; just the musings of a former policy wonk and strategist. Always, always consult a lawyer for legal advice.

When someone weaponizes the court system not to seek justice, but to harass, intimidate, or financially drain their target, they’re known as a vexatious litigant. And if they’ve already been sanctioned by a court before, you can safely assume they’re likely to do it again. Especially when they brag about it at length online (pro tip: screenshot it all and save it). These individuals often use the legal system itself as a tool of abuse; filing frivolous lawsuits, inundating you with motions, or repeatedly relitigating the same issue to punish you for standing up to them.

But you are not powerless. With the right preparation, you can turn the tables and protect your time, your finances, and your peace of mind.

And, you might even be able to beat them to the punch with a prefiling order.

Here’s how.

1. Understand What “Vexatious Litigant” Means

A vexatious litigant is someone who habitually files meritless lawsuits or legal actions. Many jurisdictions allow courts to sanction them or restrict their filing rights once a pattern is established. For example, requiring court permission before new lawsuits can proceed.

If the person targeting you has already been sanctioned, that history will become one of your strongest tools; that’s precedent. Courts take repeat abuse of the system very seriously and past sanctions show a documented pattern of misconduct you can leverage.

2. Gather and Preserve Every Piece of Evidence

Documentation is your shield. Start building a comprehensive record now, including:

• Court orders, sanctions, or restrictions previously issued against them.
• Dockets, pleadings, and filings from their prior frivolous cases, especially if they follow a pattern (same arguments, same targets, etc.).
• Communications such as emails, texts, or social media messages showing intent to harass, intimidate, or threaten litigation.
• Logs of interactions, including dates, locations, and witnesses, to help establish a timeline of behavior.

This isn’t just busywork. Thorough documentation can:

• Strengthen your case for dismissal under frivolous filing rules.
• Support a motion for protective orders, sanctions, or even attorney’s fees.
• Demonstrate to the court that the litigant’s behavior is part of an ongoing pattern, not a one-off dispute.

3. Use Prior Sanctions to Your Advantage

Someone sanctioned for vexatious litigation has a serious credibility problem and courts know it. If they file against you:

• Attach the prior sanction orders to any motion to dismiss or request for summary judgment.
• Cite their litigation history in your filings to demonstrate bad faith and a pattern of abuse.
• Ask the court to impose filing restrictions if they haven’t already — or extend existing ones to include your matter.

Judges don’t like their courtrooms being used as weapons. The clearer you make the pattern, the more likely the court will step in early.

4. File Preemptive Motions When Appropriate

If the vexatious party is likely to file again, consider proactive legal steps:

• Motion for Protective Order: If they harass you with subpoenas or discovery abuse.
• Motion for Sanctions: If they refile dismissed claims or knowingly submit false statements.
• Motion to Dismiss with Prejudice: If their claim is facially baseless or duplicative of past litigation.

In some jurisdictions, you can even petition for a “vexatious litigant order” preemptively, restricting their ability to file against you without judicial review.

5. Keep Your Communications Minimal and Strategic

Vexatious litigants thrive on drama and reaction. Don’t feed it.

• Avoid direct communication whenever possible; let your attorney handle it.
• If communication is absolutely necessary, keep it factual, brief, and emotion-free.
• Never admit fault or speculate about the case; anything you say can (and will) be twisted against you.

6. Protect Your Mental and Financial Well-Being

Being targeted by a vexatious litigant is exhausting. They count on you giving up out of frustration, fear, or financial strain. Don’t let them win.

• Consider legal insurance or talk to your attorney about flat-fee representation if repeated filings are likely.
• Seek support from advocacy groups or legal aid organizations, especially if you’re being targeted as a whistleblower, journalist, or public critic.
• And remember: being sued doesn’t mean you’ve done anything wrong. It’s often a sign you’re being effective.

7. Know When to Go on Offense

Sometimes, the best defense is a strong offense. If the harassment crosses the line, you may have grounds for:

• Malicious prosecution or abuse of process claims
• Defamation (if false claims are being made publicly)
• Anti-SLAPP motions (if they’re suing to silence you over protected speech)

Consult with an attorney about whether it’s time to stop playing defense and start holding them accountable.

The Court Is Not Their Playground

Vexatious litigants misuse the justice system as a weapon, but courts have tools to stop them, and you have rights. The key is to approach the situation strategically, not emotionally.

By documenting their behavior, leveraging their history, and asserting your legal rights early, you can make it clear that the courtroom is not their personal playground.

If they’re represented by an attorney who knows of their history and still engages in this behavior, most definitely file an Attorney Grievance Commission complaint. There are sanctions that can potentially be filed, too.

In fact, as recently as April 2024, Michigan attorney Andrew Paterson, P18690, received a 100-day suspension for frivolous litigation.

Moral of the story? Keep your chin up.

In many cases, exposing their pattern of abuse is enough to end the harassment before it spirals and to remind them that the law is meant to protect, not punish.