Now more than ever, people sue at the drop of a hat. If they feel wronged they often will file court papers first and ask questions later. While it is true that everyone has the right to be heard in court, they most certainly do not have a right to frivolously bring a cause of action against a person or entity when they lack proper standing to do so.

For a party to have legal standing, there must be some sort of connection between them and the other party pertaining to the harm that has been brought upon them. In other words, if the defending party has no nexus with the party setting forth the action, said action against them would be frivolous, thus lacking any legal merit.

If an attorney is retained to take part in an action that he or she knows or deems to be frivolous, they would be subjecting themselves to legal sanction and even contempt of court. These sanctions can also be levied upon the clients who initiate frivolous proceedings.

The Courts are extremely hard on litigants who bring upon frivolous lawsuits due to the fact that they clog up the court calendar and ultimately waste time and money.

To avoid filing a frivolous lawsuit, one should really take a step back from their current situation and examine all the pertinent facts. They need to assess who is at fault in their given circumstance and be sure that a proper and potential remedy can be reached by bringing a claim against that person or entity.

Understandably, emotions often get the best of us and we want immediate relief and immediate justice. Emotions run so rampant that we are quick to place blame where it should not be placed. We hold people at fault who in reality are not responsible for any wrongdoing.

This is where foreseeability comes into play. Often times, a legal connection is determined by foreseeability. If it is foreseeable that a party may be injured given the presented circumstances, then a legal cause of action may hold up. However, if no foreseeability exists, there is no legal nexus and therefore, no legitimate legal cause of action.

So before filing a lawsuit, whether it is a small claims action, personal injury, or some other civil or criminal matter, take a deep breath and mull things over. If the party that you are about to sue really has no deep-rooted connection with your current predicament, save yourself, and the court system, some time and money. Don’t be foolish and file a frivolous lawsuit.

A mechanic’s lien is defined as a statutory lien that secures payment for labor or materials supplied in improving, repairing, or maintaining real or personal property, such as a building, automobile, etc. A lien of this nature is also sometimes referred to as a construction lien as it pertains to labor. With respect to materials, a meterialman’s lien can be implemented. All serve the same function, which is to ensure just compensation for the service-performing party.

If, for example, a contractor performs service upon a building, such as installing a new roof, they are clearly entitled to compensation for said work. If the owner of the building or business does not pay the contractor their fee, the contractor, after due diligence in attempting to be paid, may file a Mechanic’s Lien against the property.

A Mechanic’s Lien by definition puts a lien on the property in question in the amount that is owed or in dispute. If the property is to be sold, the mechanic’s lien will show up in a title search and it will need to be satisfied prior to sale and/or foreclosure. At this time, the contractor will receive their rightful compensation, assuming the property is not sold/foreclosed at a loss.

A Mechanic’s Lien must be filed in the county in which the property is situated. The filing fee is approximately $5.00. While it is not necessary to hire an attorney to file a mechanic’s lien, it is common to do so since they often deal with this area of law on a regular basis and can guide one through the process accordingly.  

Once the Mechanic’s Lien is properly filed, the duration of the lien, in the State of New York, is typically not to exceed a one year term. Typically, unless other factors exist, a party make extend the duration of the lien for an additional year if it is not satisfied. If the property in question is in foreclosure, the courts will allow the lien to be extended past the one year period in order to allow proceedings to commence and conclude accordingly.

The amount of the lien may only include the cost of labor and associated materials. A contractor may not add finance charges to the Mechanic’s Lien in question. 

For more information on Mechanic’s Liens and other New York State laws and statutes, visit  http://public.leginfo.state.ny.us/menuf.cgi