Disclaimer: This article is for informational and educational purposes only. It is not legal advice and does not create an attorney-client relationship. Lawsuits are complex and fact-specific, and anyone facing them should consult with a licensed attorney in their state.
When Lawsuits Are Weapons, Not Justice
Most people think of the courtroom as a place for justice; a forum where real disputes are resolved under the law. But some people weaponize the legal system itself. They file dozens of lawsuits, often with no legal merit, not to win, but to harass, intimidate, drain money, and silence critics.
You may have heard this referred to as a SLAPP suit or vexatious litigation and Michigan courts do have tools to stop it. The problem, is that most people can’t afford to hire a lawyer, and have no idea what their rights are until it’s too late. The key here is understanding what those tools are, how they work, and how to communicate the situation to your lawyer in a way they will understand it.
Check out how Anti-SLAPP legislation could change the game for frivolous litigants.
What “Vexatious” or “Frivolous” Really Means
Under Michigan Court Rule 1.109(E)(5), a lawsuit or motion is considered frivolous if it meets any of these conditions:
- It was filed mainly to harass, embarrass, or injure someone.
- It’s based on facts the filer had no reason to believe were true (let’s say they claim they’re actually the victim when in fact, they’ve been harassing you and you actually have proof).
- It’s based on legal arguments not supported by law or a good-faith effort to change the law.
When someone repeatedly files these kinds of cases, courts start to treat them not as litigants, but as chronic headaches within the legal system.
What Courts Can Do to Stop Abusive Filings
Michigan courts have inherent authority; a built-in power to protect their dockets and prevent abuse. That means they can step in even if there’s no specific statute covering the situation. Common remedies include:
- Sanctions: Fines, penalties, or orders to pay the other party’s attorney fees.
- Prefiling Orders: Requiring the person to get permission from a judge before filing any new case.
- Security Bonds: Requiring them to post money with the court before a case can proceed.
- Certification Requirements: Forcing them to swear that new filings are not duplicative or harassing.
These tools don’t block someone’s access to the courts entirely, they just make sure they can’t use the system as a weapon.
What a Petition or Motion Usually Includes
What really sucks, is that in Michigan, there is no statewide system to protect people from this kind of abuse; in far too many instances, the courts do not talk to each other. So unfortunately, it’s all up to you at this point to educate them.
If a person has been targeted by repeated frivolous lawsuits, they (or their attorney) can ask the court to impose restrictions. While every filing is different, these petitions generally include:
- A factual history: A list of previous lawsuits, motions, or appeals, including how they ended (especially if they lost most of them).
- Evidence of abuse: Copies of court orders, police reports, dismissal notices, or judicial opinions labeling the behavior as frivolous or harassing. Watch for orders where the judge expressly bars further filings until the court says otherwise; it’s a classic docket-control measure used when filings have become burdensome or abusive.
- Legal grounds: References to MCR 1.109(E), MCL 600.2591, and the court’s inherent authority.
- Requested relief: A request for sanctions, a prefiling order, a bond requirement, or a combination of these. The best outcome of course, is a dismissal so it’s out of your hair for good.
Pro Tip: It’s especially powerful to include quotes from past judges calling the conduct “frivolous,” “abusive,” or “an abuse of process.” Take note of all of it.
How to Build a Strong Record (Even If You’re Not a Lawyer)
You don’t have to be in a lawsuit yet to start protecting yourself, and your lawyer will thank you for the footwork you do later. Here are some safe, non-legal steps anyone can take:
- Track their history: Many court dockets are public. Document past cases, outcomes, and patterns.
- Know and include their associates: Write down known family members and affiliates so they can’t use “proxies” to sue you. Chances are those people are vexatious, anyway, so be sure to capture that information, too.
- Save everything: Keep copies of filings, police reports, orders, or news coverage where judges described their conduct.
- Monitor filings: If they’ve targeted others, watch for new cases, especially if they start circling close to you.
- Consult an attorney early: If you suspect you might become a target, talking to a lawyer before anything is filed can save you stress and money later.
Proof of Service Problems
If you find that the vexatious litigant is hard to pin down, you still have options.
If you know there is a lawsuit where they accept electronic service by email, use it to your advantage, the law has you covered again.
Under MCR 1.109(G)(6)(a)-(b):
- You may serve a party electronically if they have provided an email address for service or have participated in prior litigation electronically. This will be in filings.
- Service is considered complete when the email is sent, provided you have a proof of transmission or delivery receipt. Many email programs have proof of transmission built in, so they can’t lie about whether they received it.
- You must still file a Proof of Service with the court showing when, how, and to what email address you served the petition.
What to include in your Proof of Service:
- The date and time the email was sent
- The full email address used
- A statement that the attached receipt or delivery confirmation is included
- Your signature (standard or electronic) certifying that service was completed
If It Comes to Court: Know Your Options
If you are sued by a known vexatious litigant, don’t panic and don’t ignore it. Courts really do not look kindly on people who abuse the system. A well-documented pattern of frivolous lawsuits can significantly strengthen a request for:
- A prefiling injunction (requiring permission before they can sue again).
- Sanctions or attorney fees.
- A security bond requirement before the case moves forward.
The most effective petitions often cite the bad actor’s prior cases, especially where judges used words like frivolous, harassing, or abusive in their orders.
Funny But Not Funny
To take the edge off, here’s some examples of famous frivolous litigants courtesy of Legal Eagle:
The Big Picture: Abuse of the System Hurts Everyone
Obviously, I jest with the above video, but this is a quite serious issue.
Vexatious litigants don’t just harm their targets; they clog the courts, drain public resources, and delay real justice for legitimate cases. That’s why it’s important for courts to have the power and the responsibility to step in when someone crosses the line from lawful litigation into torment.
The legal system was never meant to be a weapon. And the more people understand how it works, the harder it becomes for abusers to hide behind it.
Knowledge is power. You don’t have to become a legal expert to protect yourself, but knowing what vexatious litigation looks like, what courts can do, and how petitions are structured can make all the difference.
And maybe, just maybe, your very own frivolous litigant will get the hint; perhaps they’ll stop wasting money on filing fees and lawyers and do something productive.
If you or someone you know is dealing with a serial filer, talk to an attorney about whether these remedies could apply.
