Skip to main content
Eugene P. Castagliuolo

Eugene Castagliuolo’s Answers

1,138 total


  • I need a lawyer to help me with a small claims case, is there someone that can provide their services pro bono?

    I went to a car wash to have my car detailed and the result was worse than before; the owner claimed the machine used to apply the liquid wax, scratched up my car. He then stated all I had to do was give him an additional $700.00 not including t...

    Eugene’s Answer

    I would never provide pro bono services to anyone who has $700 to spend getting their car detailed, yet expects their lawyer to work for free. Unbelievable. Did the car detailer work for free? Do YOU work for free? You have a lot of gall even asking the question.

    See question 
  • Pro se asks Is it better to elect some counts for jury and some for bench?

    I am about to issue a pro se complaint with multiple counts and want to elect some for jury and several for bench. What criteria do you use to consider which count is best left to jury and with to judge? Two counts are a bit complicated whereas th...

    Eugene’s Answer

    This is a "what end of the screwdriver do I hold?" kind of question, which suggests you really, really, REALLY shouldn't be going pro se. That is, ONLY IF you care about winning. If you don't care about winning, then carry on as you have been.

    See question 
  • Can a Stay Order of the Court be Unilaterally imposed

    I was Sanctioned by the Court in my current case. The Sanction was for award of Attorney's Fees to the Opposing side. Additionally the Court issued a "Stay Order of the Proceedings" until such time as I have paid the Attorney's fees to the Other...

    Eugene’s Answer

    You need some brutal honesty: You're clueless in the courtroom, you don't know what you're doing with your case, you're in over your head, and you're about to get a real expensive legal a**-kicking. What about this don't you get??? If you're like Joe Pesci in "My Cousin Vinny" and you could really use a good a**-kicking, then carry on Sir. But if you want a scintilla of a chance to save your case, then hire an attorney YESTERDAY to dig you out of the hole you dug for yourself before it really is too late.

    See question 
  • Is this settlement legitimate for a credit card debt.

    Midland Finding is suing me for credit card debt that they say I owe. I went to the pretrial and let them know I was disputing this. I was approached by an attorney who said he knew an attorney that could fight this for me. What I got from said at...

    Eugene’s Answer

    There is nothing "illegal" about this, and in fact, it is common. Here's what really happened: The JDB (Junk Debt Buyer) sued you. Their "business model" is that they are hoping that you are one of the many, many sheep who will ignore their lawsuit and get defaulted, which gets them a judgment, which allows them to garnish wages, bank accounts, etc., etc. You thwarted their "business model" by showing up at the Pre-Trial Conference and disputing the debt. The details of how your attorney entered the picture are unclear, but what is apparent is that the JDB knew they were going to take a butt-kicking by an attorney who was onto their game and knows how to fight back. Paying his/her attorneys' fees of $1,750 was a small price for the JDB to pay if you consider what their ultimate exposure would have been (presuming they were advancing a totally baseless claim against you). If I were you, I'd be glad the case was dismissed and YOU didn't have to pay your attorney $1,750 (or more).

    See question 
  • Summons

    I receved a text/voice mail regarding breach of contract. The name was not mine? Also, the Plantiff, never heard from her? So, I ignorwed it, thinking it was a mistake or fraud. I found out, the Sherrif attempted to issue a Summons? I am on th...

    Eugene’s Answer

    You are most probably the victim of an attempted scam, but a personal consultation with a consumer attorney, during which you reveal a LOT more facts, is the only way to get to the bottom of this. But generally speaking, people cannot be arrested for breaching a contract. Not in this country anyway . . .

    See question 
  • What to do when my attorney breached my trust

    in depositions I realized the opposing attorney could only know what to ask me if he'd talked to my attorney

    Eugene’s Answer

    I think it's just that you're not understanding how the process works. Depositions are all about obtaining information from the other side. You want information, your adversary wants information. But if the opposing attorneys don't talk to each other and share certain information, then the case goes nowhere, and that's not good for you. Communication between opposing attorneys is not only very common, it is encouraged. But you shouldn't worry, because an ethical attorney will not share any PRIVILEGED information with ANYBODY. Privileged information is any information told by you to your attorney in confidence.

    See question 
  • I need a lawyer to work on a contingency fee to recover 8K from a Miami bank. 14 years old claim.

    The money haven't been turned over to the State. The bank may have been negligent & breach of contract, Please advise.

    Eugene’s Answer

    If your claim is really 14 years old (meaning nothing has happened with the claim in 14 years), then you are well beyond any statute of limitations on a breach of contract claim. But if there have been events occurring during those 14 years, then you may have kept your very old claim alive. Only a careful analysis by a good lawyer will determine which situation you are facing. But another reason why you may have trouble recovering is that lawyers, like most people, don't like to work for free. We can't pay OUR bills by working for free. If you're so sure your claim is valid and your attempts to get that money will be successful, then you shouldn't have any hesitation hiring an attorney to help you. I get that you like the "win-win" aspect of a contingency fee. You win if the attorney is successful, and if he/she is not, then it hasn't cost you a dime, which is the second half of the "win-win." But most attorneys outside of the personal injury arena aren't so fond of this arrangement. Good luck!

    See question 
  • Judge Denies my Motion to Recuse/Disqualify

    I filed a Motion to Recuse/Disqualify the Judge handling my case I cited both the Florida Statute and the applicable Fla Rule of Judicial Administration The Judge responded with an Order Denying My Motion (without hearing) stating that My Moti...

    Eugene’s Answer

    If you want to keep losing your case, then keep handling it yourself and keep telling yourself that you can't afford a lawyer. Can you afford to lose the case because you can't afford a lawyer??? It's like anything else in life, if you want it bad enough (i.e. a capable lawyer, perhaps even a very good lawyer), then don't give up. You will eventually find him/her. Keep looking. Keep searching. Try your local county bar association, they typically have a LRS (Lawyer Referral Service). I'm not familiar with your area, but they will have some equivalent. Go to the law library in the courthouse, ask the librarian for suggestions. You may be surprised what you learn. Good luck!

    See question 
  • Daytona Beach area attorney with experience in FDCPA and FCCPA violations?

    I am looking for a Daytona Beach area attorney with significant experience in filing FDCPA and FCCPA lawsuits, preferably someone who does this on a contingency fee basis. Any recommendations?

    Eugene’s Answer

    Go here and hit the Find An Attorney tab, then input your zip code: http://www.consumeradvocates.org/find-attorney

    See question 
  • I entered into an engagement of long term and my now ex fiancé walked out. Can I collect the cost of the engagement ring since

    she broke our contractual agreement to be married. There was no reason expect her lack of feeling now, which is fine but since she has kept the ring setting I would like to recuperate my initial $ 3000.00. Is this possible?

    Eugene’s Answer

    An engagement ring is a gift given in contemplation of marriage. She accepted your ring, thereby agreeing to marry you. At that point, everybody's happy. The ring is hers, and you're happy for her to have it. Now, if YOU had broken the engagement and she had not changed her position (i.e. she was still ready, willing and able to marry you), then you'd be out of luck, the ring would be hers to keep. But if she broke it off (as you say she did), then she, in contract terms, has reneged on her agreement to marry you, and therefore, you would be entitled to get the ring back. However, do yourself a favor and be honest: Did she really break it off because she just doesn't want to go through with it, or did she break it off because you have revealed a nasty side to you, or you beat her, or you cheated on her, etc. Because under those circumstances (which I hope aren't true and am only offering by way of explanation), you will have a tough if not impossible time getting the ring back. Under those circumstances, you will have constructively broken the engagement, even though it was she who walked out. Good luck in resolving this.

    See question