Skip to main content

I have been a victim of a frivolous small claims suit, it was a baseless attempt to extort money from me. I have a legit Counter

Palm Beach, FL |

Suit on it. I hired and payed an attorney to represent me. The plaintiff is not persuing his claim anymore, since I have mounting evidence against him and his fake witnesses. He did cost me attorneys and Court fees, I am going to law school and was not pleased with my attorney's work or with his newfound friendship with the plaintiff when he was trusted to go to the mediations without me. He is steping down from my case. Here is the question, even if I don't persue my Counterclaim settlement, in Florida under the Statute 57.105 I should be able to recover my attorney's fees. Is that correct? On my attorney's whitdrawal upcoming hearing can I file this motion myself? This frivolous lawsuit was filed 6 months ago and is stale, since the Plaintiff appears to be an aquaintance of the Judge.

This eas not on Palm Beach, but near on Florida.

Attorney Answers 3

Posted

It is hard to give you a specific answer without more specific facts. However it is very hard to get a 57.105 award. It would need to be patently clear the defendant knew he was filing a false, or baseless claim. Merely because one side looses, or cannot present sufficient evidence does not satisfy the requirement. Otherwise for example, every time the court grants summary judgment finding the law is firmly in favor of one side, vs, the other, the losing party would be subject to fees and costs. As for representing yourself that is your right, but generally not advisable. If you believe the judge has a favorable relationship with the other side and cannot be impartial you should ask him/her to withdraw. Good luck.

Jonathan Groff's practice is devoted to all aspects of personal injury litigation throughout Florida However, this reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply. Further, unless your matter concerns Florida law, I am not licensed to practice or give legal advice in your state.

Mark as helpful

1 found this helpful

3 lawyers agree

2 comments

Asker

Posted

Thanks for your input. The Florida Statute was created to prevent frivolous lawsuits from " clogging up " the Justice System and the Courts. This Plaintiff has abandoned his claim after I had spent money on attorney's fees, it was willful and careless. So I believe the 57.105 applies greatly to my case. Can I file it myself?

Jonathan Hayes Groff

Jonathan Hayes Groff

Posted

Yes. In Florida as long as you are not a corporation you can represent yourself. If case is still open, you can file the motion with a statement of facts with supporting documentation including affidavits. If case already dismissed it will be harder because there are deadlines for post dismissal motions and you will need to petition court to reopen case for the limited purpose of reconsidering your petition. One reason to hire a lawyer is complying with Fla. Rules of Civ. Pro., concerning filing of motion, affidavits, notice requirements, but you can do it. Question: before going through all this, are you confidant the other party is collectible if you win? Collecting judgements in Fla is not easy. Good luck.

Posted

More importantly, there is a notice provision (service of the motion without filing it) for 57.105 sanctions which creates a safe harbor period. Read 57.105(4).

Mark as helpful

1 found this helpful

4 lawyers agree

Posted

Another angle might be to simply speak to your former attorney about his bill. You mention his "newfound friendship" w/the plaintiff...this might give you some room to negotiate with regard to what you owe for his work.

Mark as helpful

1 found this helpful

2 comments

Asker

Posted

I don't owe him. We had a fixed fee that was agreed upon and I paid it in full in advance.

Asker

Posted

I've had a similar event where I paid a criminal defense lawyer a flat fee in advance. I feel extreamly confident that a back alley deal had occured with the lawyer and the acusers witness. He's married and was sexually involved with the witness/subordinate coworker/lover. I've been told I have a malpractice action but the damages ar minimal and I can't find a lawyer to take it on.

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics