This lawsuit is in small claims court by a Pro Se that doesn't know what he is doing and I don't think he is mentally balanced. He is one of those drama queens that sues everyone for everything and never lets up. He thinks I flirted with his wife so he is suing me claiming he loaned me money but of course has no receipt since he never gave me money. So now he has sent me pages of interrogatories asking unrelated things, wanting all my bank account history, income tax records, who I dated in the last five years, etc. I know I can beat him in court as a Pro Se but the problem is that will not stop him. He will find something else to sue me for. But $300 a hour in attorney fees will stop him. I just want this nut out of my life. He has income and assets so an attorney can collect from him.
The problem with your assessment is that you think that a rationale, cost-conscious individual would be scared off by the prospect of having sanctions awarded. But this fellow does not seem to have those qualities. And, besides, he thinks he is going to win!
A few things of note:
1) Discovery is not permitted in small claims cases, unless the responding party is represented by an attorney, or the court gives permission. See Rule 7.020(b) Small Claims Rules. By having an attorney to represent you, you OPEN THE DOOR to allow Plaintiff to send you interrogatories, requests for production.
2) Although sanctions can be awarded for bringing a frivolous law suit, who is to say that there would be assets from which an attorney would be able to collect such an award? What assets does he have? If a car, do you think an attorney is going to advance the $3,000.00 the sheriff will require, up front, to levy? He has income, but are you aware that the wages of a head of a family can not be garnished? And what if he goes into bankruptcy? How will your attorney get paid then?
3) Consider the red flags raised. He sues for everything. That means whomever your lawyer is may be on the receiving end of a Bar grievance. Hardly a cost-effective approach.
With all due respect, I suggest you keep the lid closed on the discovery by proceeding Pro Se and keeping it simple.
Good luck to you.
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
This is not the type of case an attorney takes on a contingency fee basis. Also, in Florida to collect attorney's fees from the losing side, you will need either a statutory basis or a contractual basis. There is a statute for collection of attorney's fees for filing a completely frivolous law suit, (§57.105) but more information is needed to know if this might apply to your case.
You are probably going to have to bit the bullet and hire and attorney or continue to represent yourself. You can find highly rated civil attorney's using the Find a Lawyer tool on .
Please let me know if this answer was helpful by hitting the helpful button.
Ginger Bayles KellyGeneral Practice LawyerCharlton, MAMA licensed ·
Oh Wow! This is a nightmare. Sorry this is happening to you. Sometimes attorneys will handle something like this for you, but if this guy has no money then probably not. Maybe a legal aid group can help you, pro se. I'll send you a link. Maybe this will help you.
I'm sorry to hear about this situation. But finding an attorney to take this on may be difficult given the circumstances. It might be possible to get him sanctioned for filing a frivolous lawsuit, as James mentioned, but it may not be worth to an attorney to take on a contingency basis. Small claims court is a quick and simple forum and if you feel confident in presenting your case that may be the most inexpensive route for you. Even if you hire an attorney, there is no guarantee that this person won't file something in the future. Good Luck!
Unlikely. Attorney's fees and costs to the prevailing party are only awarded if allowed for in a contract disputed in the lawsuit providing for them or a statute. There is nothing here that would award you prevailing party attorneys fees (or him at that) so there is nothing to get. You will have to defend yourself or pay attorney out of pocket.
