• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can/should I sue my attorney?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

foxytowgrl

Junior Member
What is the name of your state (only U.S. law)? Florida
I recently hired an attorney to help with an eviction case. I had several different grounds to get the case dismissed that I knew of and could probably have done it myself but.. Anyway, the attorney filed the motion to dismiss on time but with the wrong court(has to be filed online which is new) and although the motion did actually make it to the right court and a hearing date was issued I still ended up with a default judgement and a writ of possession unexpectedly. This resulted in lost wages (4 days off work), the need to rent a large storage shed, 3 or 4 weeks worth of motel rental and the expense of renting a uhaul. Our court date was scheduled for the 29th and our new home is due to be ready on August 12 so if all had gone correctly we would have used my husbands work truck to move, no hotel stay, no storage, and moved over the weekend we were off work. So far my total expenses, including attorney fees is well over $2500.00.
Also, my attorney mailed the motion to dismiss to the land lord and he received it 2 days before he requested the default judgement...Can my landlord be held responsible for my damages? I have court on July 22 to dismiss the default and writ...too late of course grrr
 


foxytowgrl

Junior Member
Ummm I was NOT in default!!!
I had 5 days to file a motion to dismiss, the motion was filed by my attorney on time..he filed it with the wrong court through absolutely NO fault of mine. I think you misunderstood...The default was granted as if I had done nothing at all and ignored the court eviction papers.
 

LdiJ

Senior Member
Ummm I was NOT in default!!!
I had 5 days to file a motion to dismiss, the motion was filed by my attorney on time..he filed it with the wrong court through absolutely NO fault of mine. I think you misunderstood...The default was granted as if I had done nothing at all and ignored the court eviction papers.
Attorneys do sometimes make mistakes and the good ones will compensate their clients for those mistakes. You don't necessarily have to sue them. My ex's attorney forgot to notify him of a hearing in a civil case, and forgot to get it on their internal calendar at all, and as a result their was a default judgment against him. They tried to get the default overturned (for no additional cost to him) and failed, and they paid the judgment...he didn't even have to ask.

Now, that doesn't necessarily mean that yours will, or that they will cover every bit of your out of pocket cost...particularly since this was an eviction action, but suing may not be necessary to get some compensation.
 

tranquility

Senior Member
It depends. While blowing the statute or filing in the wrong court is almost malpractice per se, damages will be harder here. It would not be an easy lawsuit for the amount you are asking about and you would have to show you would have won on the motion. (I am uncertain as to if you could get damages for the time the motion would have delayed things to be heard. That's not the way it usually works.)
 

foxytowgrl

Junior Member
It depends. While blowing the statute or filing in the wrong court is almost malpractice per se, damages will be harder here. It would not be an easy lawsuit for the amount you are asking about and you would have to show you would have won on the motion. (I am uncertain as to if you could get damages for the time the motion would have delayed things to be heard. That's not the way it usually works.)
The case is/was semi complicated. I am confidant I would have won as I was being evicted in retaliation for code violations. My landlord even filed a completely different 3 day notice with the court then the one he gave us. (Same dates, different amounts and sited HIS code violations as the reason for the eviction..lol) I would have been happy with time but am now out of pocket way more than I can afford.
I was thinking motel cost from date of writ through date we were supposed to go to court(Today, July 15th through July 29), the amount I paid him and perhaps a partial cost on the storage shed( prorated by the 15th through 29th)???? total of $1625
 
Last edited:

tranquility

Senior Member
The case is/was semi complicated. I am confidant I would have won as I was being evicted in retaliation for code violations. My landlord even filed a completely different 3 day notice with the court then the one he gave us. (Same dates, different amounts and sited HIS code violations as the reason for the eviction..lol) I would have been happy with time but am now out of pocket way more than I can afford.
Did you pay your rent?
 

foxytowgrl

Junior Member
Did you pay your rent?
No rent was due..well it was due that day. It was refused. Landlord said we owed him late fees from 9 months previous. I have all my receipts showing that rent was paid and paid on time every single week(rent was due bi weekly in the lease but landlord insisted on weekly payments anyway) for 3 + years.
3 day notice filed with the court said we owed "$430 which includes $25 per day late fees for 20 days from 9 months and 12 days ago"
that is a direct quote...the math just does not add up even if I did actually owe anything.
the 3 day notice he handed me said I owed $275 which is my weekly rent that was due that same day and refused.
Yes my landlord IS that dumb
 
Last edited:

foxytowgrl

Junior Member
Oh and landlord just called to tell me about the holes in walls and trash strewn all over he was going to get me for....I did take pictures before I moved in and as I was leaving. I got all walls, all floors, windows ceilings doors, front yard, back yard, windows etc...took a total of 75 pics there are no damages at all tooo funny
 

ecmst12

Senior Member
If you can prove that the eviction was wrongful and filed improperly by the LL, you might be able to recover the damages from HIM. That's what you should focus on, and your lawyer should be able to help you with it.
 

tranquility

Senior Member
I suspect such a case is not as clear as you suggest. Handle your life and then seek representation. If no one takes it on contingency, move on.
 

latigo

Senior Member
If you can prove that the eviction was wrongful and filed improperly by the LL, you might be able to recover the damages from HIM. That's what you should focus on, and your lawyer should be able to help you with it.
Or the OP could "focus" on the fact that your ego won't allow you to suppress the urge to say something when you have nothing to say.

And - if you had the wherewithal, which you don’t - you might “focus” on the issue of whether or not the act of vacating the premises in compliance with the judgment and writ of assistance – in other words the satisfaction of that judgment - renders moot the motion to set it aside.

Then there are the complicated laws of damages, which are equally foreign to you.
 

foxytowgrl

Junior Member
update and new question

We went to court and although we filed a motion requestiong the judge to determine the amount of monies owed, we lost. The judge said if the money is not in the court registery she does not have to read any motions or hear ANY of the case. The case is now in appeal as the motion requesting the court to determine the correct amount owed was filed on time...(I have found SEVERAL cases online where the monies were not in the court registry before the amount was determined by the court)
There was a court reporter.
The LL admited in open court that we were NOT behind in rent and he made the amount up off the top of his head. He also admited in court that the reason for the eviction was that he could not correct HIS code violations with us living in the home!! He also admitted in court that he filed for the cleark default after he recieved our motions by mail hoping to beat the "internet" filed motions as his wife is an attorney and told him that they often sit in cyber space for a bit before making into the records.
I am hopeing to be awarded my moving expenses and attorney fees. Your opinions?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top