The Consequences of Threatening to Sue

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Are Threats to Sue Meaningless?

Often, a threat to sue is just that—a threat. Many people who threaten to sue do not actually follow through with legal proceedings. In many cases, these threats are merely attempts to scare someone into compliance with a request or command. As a Middle School teacher, I was often told that threats such as 'I’m gonna sue you if you don’t [whatever]' are nothing more than nonsense talk. However, in certain situations, a threat to sue can indeed have significant consequences.

The Two Main Consequences

When an individual threatens to sue, there are generally two potential outcomes:

Bluffing: The person making the threat is attempting to scare you with an idle threat. This is common in everyday situations where an ordinary person is threatening someone to get them to do something.

Suing: If you continue to do what you are doing, they may actually proceed to file a lawsuit. This is more common in cases involving powerful individuals or entities.

Consequences for the Average Person

For the average person, the threat of a lawsuit might seem insignificant. In their daily lives, people often face threats to sue that have no real consequences. These threats are often seen as empty gestures and are easily dismissed. While these threats may be trivial, it is still important to take them seriously and seek legal advice if needed.

Consequences for Wealthier, Better-Connected Individuals

However, for individuals within the upper and more well-connected socioeconomic classes, the threat of a lawsuit can have much more serious repercussions. If a powerful person or entity threatens to sue you, the consequences can be severe. As a lawyer, I was advised not to directly threaten to sue someone. Instead, I was to use phrases like “You have 10 days to respond. If we do not receive your...”

Powerful Individuals and Legal Tactics

For example, when I sued Adversity comedian Tig Notaro for defamation and abuse of process, she knew that if the truth was revealed, she would be compelled to pay me a significant amount of money. Her reputation would also be tarnished. To avoid this, she and Nick Kroll took steps to silence me, leading to a fake criminal case. This case was orchestrated to make sure I could not continue my lawsuit. Her actions illustrate how powerful individuals might use misleading tactics to avoid legal consequences. It is crucial to be aware of these tactics and to ensure that anyone you might sue is not only desperate to avoid losing but also well-connected in the legal system.

What to Do When Faced with a Threat to Sue

When faced with a threat to sue, it is important to take the following steps:

Contact a lawyer: Seek professional legal advice to assess the situation and determine the best course of action.

Document the threat: Keep a record of all communication related to the threat, including letters, emails, and any conversations.

Assess the credibility of the threat: Determine whether the threat is credible and whether there is a real likelihood of legal action.

Consider your options: Based on the credibility of the threat and legal advice, decide on the best approach to take.

Remember, the consequences of a threat to sue can be significant, especially when dealing with powerful individuals or entities. It is important to act wisely and seek professional help to navigate such situations effectively.