Legal Question in Civil Litigation in Florida

small claims

we are being sued by someone for nonpayment on services rendered on a contruction job and as stated in the allegation ''the the person made numerous attemps to contact us on the matter with no avail''. We do have all proof (docs) that will show allegations are completley false. However, his father is a well known lawyer in the very small area we live and is representing him. We have already gone to pretrial and were given option from judge to agree and pay the amount alleged or protest and go to trial (we protested). At pretrial his lawyer was shaking hands and talking with the mediators on the side beforehand. We felt as if he was trying to intimidate us somehow. If we feel confident with all paperwork and proof we needed to prove plantiff is falsely accusing us...would we need to hire a lawyer anyway for concerns of the good ole' boy system in the small area we live?


Asked on 1/30/09, 10:15 pm

2 Answers from Attorneys
Lesly Longa Longa Law P.A.

Re: small claims

If this is regarding a small claims lawsuit, then it's probably not necessary to have a lawyer. Also, a mediator does not decide anything but rather just tries to help the parties reach a settlement, so this lawyer's being chummy with the mediator is of no consequence. You were either able to reach a settlement or not, but the mediator should have made it clear to you that s/he was a neutral third party. Notwithstanding that, at trial a judge will not assist you or anyone else in representing themselves. This has nothing to do with any kind of "network" you may or may not be living in. If you do not know the rules of evidence or how to proceed at trial, you would be wise to hire an attorney especially if the money at stake is substantial. Cases rely upon the facts of the case. The plaintiff must meet his burden of proof or the verdict will be for the defendant.

Read more
Answered on 1/31/09, 11:27 am
Angelo Marino Angelo Marino Jr. PA

Re: small claims

Ultimately the question is do you owe the money? If so, work out a deal. Otherwise, it would be wise to get an attorney, even if you are right. You could lose on a technicality. This is an economic decision.

www.ConsumerLawyerHelp.com

Read more
Answered on 1/31/09, 11:53 am


Related Questions & Answers

More General Civil Litigation questions and answers in Florida