IMHO: KyJim is correct..been on the "defendent" end of that exact idea myself. Done to me, done to my BIL.
To prove there was no merit in the suit, the judge in my case stated "why is this wasting my time" well your honor, I just refuse to pay for something I am not responsible for. Was awarded my costs...never got a penny back...as my dad said "you can't get blood out of a turnip" Plaintive had no assets or income...no recovery. BTW: The guy that sued me made his living doing this sort of stuff. He had no real job...left WA for MT shortly after loosing to me.