Is The Claim Baseless?
Under Colorado law, an exaggerated claim is a claim that lacks “substantial justification” and is found to be “frivolous, groundless, or vexatious.” If an individual incurs attorney fees defending a claim that the Court finds to exaggerated, the Court may order the filing party to pay such attorney fees. (See Colorado Revised Statuts § 13-17-102.)
Is a claim exaggerated and/or baseless?
- Frivolous action presents no evidence of a rational claim that is based in law.
- Groundless accusations have no credible evidence to show.
- Vexatious means to bring in bad faith, to annoy, or harass the other party.