Legal Question in Constitutional Law in Florida

Pro Se rights to costs & fees

Hello, I obtained a judgment in excess of $37K back in February and have been fighting ever since then to collect. I have filed countless motions for Aid in Execution, Interrogatories & discovery, Motions for Contempt, Motions for Cause, Writ's of garnishment, and writs of Execution. Where in the Florida Statututes or Constitution does it say that I am NOT entitled to compensation for my time for efforts required to collect post judgment? I should be entitled to at least the hourly rate of the least expensive attorney ($200/hour) but I cannot find statutues or laws to support my claim. Does our Constitution not say we are all equal under the law, or does it say a class of us, attorneys, are special and therefore only these ''special'' people are entitled to compensation for their time?


Asked on 9/27/08, 11:50 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Pro Se rights to costs & fees

A litigant is not entitled to be compensated for time he or she spends devoted to a law suit. That is true whether the litigant is a lawyer, doctor or car salesman. An individual -- as you have learned -- can represent themselves without hiring a lawyer. If you want to hire a lawyer to represent you in court, then he or she will expect to be paid for their work just like the plumber you hire to come repair a leak in the pipes.

Under Florida law, you are not entitled to recover the cost of your attorneys' fees unless there is a statute or rule that allows you to do so. Some types of cases brought under certain statutes do allow the litigantto recover the costs of litigation, including attorneys' fees.

There is no Constitutional violation of equal protection here. The same rules apply to everyone.

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Answered on 9/27/08, 2:38 pm


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