Wrong again AHM. In order for a defendant to answer, the defendant must be SERVED. Merely filing a lawsuit with the court does not mean that the defendants will ever be served. It costs less than $100 to file most complaints. Eventually, however, a complaint will be dismissed if the defendants are not served. But even if the defendants are served, there is no requirement that the case go to trial, it can be dismissed by the plaintiff at any time, if the plaintiff gets what it wants from the defendant.
Malicious prosecution suits are difficult to win, and require the final disposition of the first suit before the malicious prosecution suit can begin. If the defendants are individuals, it will be cost prohibitive for them to pursue the MP case, as few attorneys take MP cases on a contingency basis. And in this case, we may be talking about issues of first impression, and thus the suit might be brought in good faith, and an MP action won't prevail. So there is little risk for the plaintiff in this case, even if it follows up and serves the defendants.
The defendants could, however, bring a SLAPP suit action, if the state provides for it.
IMHO, you don't know what you are talking about. |
