 |
|
| Browse | Ask | Answer | Search | Join/Login |
|
|
||||
|
Default Judgement Lawyer fees
A default judgement was entered against me in 02/09 a lien was placed against my home. My home was foreclosed on and now the lawyer is coming after me for his fees some months later. I found a statue in Fl Law but I am not sure if it applies for a dismissal of his fees claim. The statue is 768.79 Known as "Offer of judgement statute. One of the items states that the plantiffs lawyer has 30 days to submit a recovery motion. What I want to know is... if this applies to my case if I did not make an offer
(of which I did not to the plantiff), as this statue seems to be if you made an offer. I was not sure if it would be seen in a broader way or exactly what it is. You must have made an offer for this statute to apply. *** advise. I am located in the state of Florida |
||||
|
||||
 Originally Posted by ahopefloats
768.79 Offer of judgment and demand for judgment.
… (6) Upon motion made by the offeror within 30 days after the entry of judgment or after voluntary or involuntary dismissal, the court shall determine the following: … (b) If a plaintiff serves an offer which is not accepted by the defendant, and if the judgment obtained by the plaintiff is at least 25 percent more than the amount of the offer, the plaintiff shall be awarded reasonable costs, including investigative expenses, and attorney's fees, calculated in accordance with the guidelines promulgated by the Supreme Court, incurred from the date the offer was served. … If the plaintiff obtained an award of costs and attorney's fees somehow when the judgment was entered, you should have objected at that time if there was a basis for objection (such as attorney's fees not being authorized by the contract). On the other hand, if attorney fees were not awarded in the judgment, it is now too late for the plaintiff to seek attorney fees. |
||||
| Question Tools | Search this Question |
Add your answer here.
Check out some similar questions!
My landlord won a unlawful detainer against me and he now would like to motion to the court to set aside default / vacating default judgement. We worked things out and wants to stop the lock out and allow me to stay.
I got sued a couple months ago by a debt collector for unpaid credit cards. And hired a lawyer who said would take of it and would contact all the creditors to settle my debt (I paid the lawyer). However a Default judgement was granted against me and a different Credit Card case is about to be...
If I pay the first payment to hire an attorney to file bankruptcy but can't come up with the money to make additional payments, do I lose my first payment? And they won't file the papers so do I still owe them the balance of the fee and they become another creditor I owe? will have to borrow the...
I am deployed to a combat zone currently and I have two beautiful steps sons that I consider my own. They are from two different relationships from my wife's past. While I have been gone the "sperm donor" of the child I have raised since birth ( I met her when she was pregnant) has filed for...
A default judgement was granted against me in the amount of $100,000 for my attorney missing court. We filed a motion to reconsider and was granted a new trial in open court. However, the judge did not sign the order for another month and we lost the appeal is the state appellate court. I have nor...
View more questions Search
|
