What is the name of your state (only U.S. law)? Montana
We recently won a lawsuit because it was deemed "frivolous" by the judge. Our attorney has said that the judge denied our request for attorney fees, stating that that was not uncommon in "cases like this". The lawsuit was obviously with malicious intent to harm us financially and emotionally (the plaintiff even admits this as his reason for suing us and we have emails and voice mails to prove it! He also threatened to rape and kill us-but that's a separate issue, I guess.
I am suspecting that our attorney did not pursue the avenue of getting our attorney fees awarded to us because the plaintiff is completely broke and we know he owes at least $100,000 for medical bills, etc. and has no job. He represented himself "pro se", so incurred no cost. I think that the attorney knows he would probably never see a penny if the the plaintiff had to pay him so did not want to pursue this for us. By the way, our attorney bills are $10,000 from this mess.
Do I have to sue the plaintiff to get my fees back, or is this just part of the same lawsuit? Would I even have a chance of winning? This whole thing just seems so odd...why wouldn't we get our fees awarded in such an blatantly obvious, provable case. The guy was just wanting us to suffer.
We recently won a lawsuit because it was deemed "frivolous" by the judge. Our attorney has said that the judge denied our request for attorney fees, stating that that was not uncommon in "cases like this". The lawsuit was obviously with malicious intent to harm us financially and emotionally (the plaintiff even admits this as his reason for suing us and we have emails and voice mails to prove it! He also threatened to rape and kill us-but that's a separate issue, I guess.
I am suspecting that our attorney did not pursue the avenue of getting our attorney fees awarded to us because the plaintiff is completely broke and we know he owes at least $100,000 for medical bills, etc. and has no job. He represented himself "pro se", so incurred no cost. I think that the attorney knows he would probably never see a penny if the the plaintiff had to pay him so did not want to pursue this for us. By the way, our attorney bills are $10,000 from this mess.
Do I have to sue the plaintiff to get my fees back, or is this just part of the same lawsuit? Would I even have a chance of winning? This whole thing just seems so odd...why wouldn't we get our fees awarded in such an blatantly obvious, provable case. The guy was just wanting us to suffer.