Objection to Attorney Fee's

[cunundrum69]

Federal District Court

If the Defendant's request in their answer to a civil complaint that they want to be reimbursed for attorney fees, is this an actual "counter claim" within the meaning of Federal Rules of Civil Procedure Rule 7?

Rule 7 states:

*Pleadings Allowed; Form of Motions and Other Papers
(a) Pleadings.
Only these pleadings are allowed:
(1) a complaint;
(2) an answer to a complaint;
(3) an answer to a counterclaim designated as a counterclaim;
(4) an answer to a crossclaim;
(5) a third-party complaint;
(6) an answer to a third-party complaint; and
(7) if the court orders one, a reply to an answer.

I am unsure if the request for attorney fee's is designated as, or considered as, an actual counterclaim?

Federal Rules of Civil Procedure Rule 12 (b) states: "A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim." Therefore, is the request for attorney fees something that I, as the plaintiff, would be required to file an answer back to within the 21 days? Or is this something that I could validly object at the end of the litigation if my side were to lose?

I appreciate any help... thank you

 

[Willlyjo]

NO...this is not a counterclaim and you do not have to respond to it at this time.

 

[tranquility]

Why are they requesting attorney fees?

 

[cunundrum69]

They are requesting attorney fee's in their general answer to my complaint. They seem to think that they are entitled to them, but they don't list any reasons why. The only entered general denials, and listed the general affirmative defenses. A very general answer to a complaint. The reasons set forth in their answer as being why the case should not proceed is because of an alleged failure to file within the statutory time period. But they are wrong. Even so, I found a website which suggested that attorney fee's can be considered a counterclaim requiring the Plaintiff to pay them even if the defendant's are not entitled to them, so long as the Plaintiff fails to file an answer to the counterclaim... see the following website:

File Counterclaims - Big Solutions for Small Business

Is the information in this web site accurately suggesting that I should file an answer to request in the defendant's answer for attorney fee's?

 

[latigo]

Federal District Court

If the Defendant's request in their answer to a civil complaint that they want to be reimbursed for attorney fees, is this an actual "counter claim" within the meaning of Federal Rules of Civil Procedure Rule 7 blah, blah, blah ………..

How may bloody lawsuits do you have pending in California federal district court?

You have a post currently on the board asking the procedure to obtain the defendants' default and a default judgment against multiple defendants for their failure to file a responsive pleading and worrying they may have some surprises up their sleeves to bury you with if you move for the default judgment.

In fact you posted in two separate threads. Once under “small claims”!

NOW you want to know whether its necessary that you to reply to the same defendant's friggin' answer asking to be award their attorney fees!
___________________

I don’t think that you’ve ever seen the inside of an office of a clerk of a United States District Court much less every filed anything.

But let me ask you this. On what basis do you claim that the federal court has jurisdiction over this “lawsuit” of yours? Does it involve a question of federal law, a Constitutional question, or based upon diversity?

 

[cunundrum69]

Excuse me... but I have several lawsuits pending. And the case that I was referring to has several defendant's. One defendant has answered, and requested attorney fee's. The other defendant's are now in default. Therefore, your assumption that I have not even been in a clerks office or filed a case is frivolous. Quit trying to encourage people not to provide real assistance. I can't stand people in these message boards who criticize people saying such nonsense as... "if you need legal advice, why are you coming to this forum? You should get an attorney!"

 

[tranquility]

A request for attorney fees can certainly be a counterclaim if supported by statute or by a claim of malicious prosecution. A bald demand, without more, seems a wish.

 

[BOR]

I have some, but little experience in federal court, although NOT an attorney. It is SOP to request fees/costs when filing a motion to dismiss and or Answer, no counter filing is necessary.

Did you request fees/costs when you filed your complaint?

Without researching Federal Courts generally follow what is known as the American Rule, each side bears it own costs, but that is subject to case law.

 

[cunundrum69]

Thank you for your input... but could someone please explain to me what SOP stands for in the above post? And whether in your opinion, should I file an answer to the request for attorney fee's in the Defendant's answer within 21 days of its filing? Whereas, RULE 12 (b) states that "A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim." Is this request for attorney fee's able to be considered as an actual counterclaim?

 

[BOR]

SOP= Standard operating procedure; merely a convenient term as with any normal practice in or out of court.

While I can't speak for you, I would not personally file a paper just to respond to a request in an Answer.

If you wish, do so, I seriously doubt the court would chastise you if plead improperly. Federal case law maintains a Pro Se Plaintiff in federal court is not held to as stringent of standards of pleadings, etc., as an attorney anyway.

 

[latigo]

Excuse me... but I have several lawsuits pending. . . .

Well, that’s fine. You are acting pro see in prosecuting several lawsuits pending in a federal district court. And it was simply an inadvertence that you failed to mention that fact to clarify apparent conflicts in your several posts.
_______________

However, you seem to have overlooked answering my questions:

On what basis do you claim that the federal court has jurisdiction over this “lawsuit” of yours? Does it involve a question of federal law, a Constitutional question, or based upon diversity?

Since you seem to be somewhat familiar with the Federal Rules of Civil Procedure, and capable of citing some of them, it would seem that you’d likewise have no difficulty in answering my questions by at least quoting to us the allegations in your complaints that comply with FRCP Rule 8(a)(1)

Or is there some particular reason that we are not to know the jurisdictional grounds for your lawsuits? Information that could be relevant to you questions.
___________________

And by the way, friend. I am very familiar with the Federal Rules of Civil Practice having been admitted practiced in both federal and state courts - where the procedural rules are virtually identical - long before you were hatched.

Also, if you are truly trying to prosecute civil lawsuits in the federal system, you’ve got more problems than just understanding procedures.

All those do is get you across the threshold. The big maze and obstacles in your path await you at the counsel table when you attempt to present your lawsuit that will be governed by a whole different set of rules and substantive laws.

Whether you accept it or not, A. Lincoln was no fool himself when he warned, “A man who represents himself in court has a fool for a client.”

 

[cunundrum69]

No. This is a public forum. I am not going to be posting the particular claims from my suit on this cite to let everyone know which lawsuit this concerns. It appears that you are attempting to discover whether or not I have grounds to try my case in Federal Court? Either way, I am not going to be providing the details which are totally irrelevant to the simple question of whether or not the Defendant's request in its answer can be construed as a counterclaim as discussed above...This is a general question not requiring the specifics you requested. The question whether there is jurisdiction or whether I filed in the proper venue is a question posed intending to digress from that subject. You are merely here to attempt to thwart my ability to have some meaningful discourse with others who might provide some assistance.
Thanks for the warnings though.

 

[latigo]

No. This is a public forum. I am not going to be posting the particular claims from my suit on this cite to let everyone know which lawsuit this concerns. . . .

No one has asked you to post any “particular claims from your suit”!

I’m convinced that they are non existent, but all I asked is that you tell us the grounds alleged in your complaint(s) which would allow a federal court to assume jurisdiction over your “particular claims”.

And your refusal to do something so simple, which could be done without disclosing any of your guarded “particulars” - when added to the presence of glaring consistencies in your posting - which you lamely and belatedly explained away as there being not one but several of “my suits” all pending in federal court and against multiple defendants - some of which have appeared and some which have not - does nothing to dissuade me from believing that you are not a party to any lawsuits pending in any federal court!

People who are involved in litigation and are sincerely seeking legal direction and guidance in forums of this nature rarely if ever are reluctant to disclose meaningful details of the nature of the litigation.

I don’t see you as being in that category.

 

[Willlyjo]

Excuse me... but I have several lawsuits pending. And the case that I was referring to has several defendant's. One defendant has answered, and requested attorney fee's. The other defendant's are now in default. Therefore, your assumption that I have not even been in a clerks office or filed a case is frivolous. Quit trying to encourage people not to provide real assistance. I can't stand people in these message boards who criticize people saying such nonsense as... "if you need legal advice, why are you coming to this forum? You should get an attorney!"

Ahhh...now I see. You have one case with several Defendants and you say that one has answered and the others Defaulted. I have a suspicion that the one who answered was answering for the others as well! This is usually the case when there is ONE lawsuit and several Defendants. Correct me if I'm wrong.

 

[You Are Guilty]

Or it could be that service on the remaining defendants was improper/incomplete and they are under no obligation to answer. Or perhaps the other defendants are no longer in existence. Or that their answer was lost in the mail.

Without any facts, it's all speculation.