Someone in Ohio is threatening to sue me. Can I ask that they repay my attorney fees?

Question

I'm not being sued yet, but I got a threatening letter from an attorney representing a couple who bought our house. They are saying we committed fraud on the disclosure statement, but we disclosed the repairs we had made and were honest with all their questions.

They chose not to get an inspection and now the house is not living up to their expectations. They are demanding a ridiculous amount of money and threatening punitive damages if we don't pay up.

I believe this is a frivilous lawsuit and I'm talking to an attorney on Monday. But does anyone know if I am able to get a recovery of the attorney fees if they do sue me and I win?

Answer 1

Yes, but you will have to counter sue for damages.

Answer 2

Getting legal advice is a good idea but don't yet give the lawyer a retainer to represent you. If they actually sue then you may need a lawyer to represent you. Also if they sue, you can counter-sue and demand they reimburse legal expenses. Even if you get a judgement in your favor there is no guarantee that they will pay. Many judgements go unpaid. You can't get blood out of a turnip. The good news is that they may be bluffing and hoping for an out-of-court settlement. Don't give in. Have patience and wait them out.

Answer 3

sometimes

Answer 4

Yes -- and they definitely should if it is proven to be a frivolous lawsuit. You can countersue for whatever you feel necessary.  For example, there is your lawyer's fees, time off work to attend court, and if things get particiular nasty there is also pain and suffering.  I know that many people look down on those that request "pain and suffering" payments, but if this person is harassing you at work, causing problems in your marriage, you will start to see why people sue for pain and suffering.

It is good that you will be meeting with a lawyer.  That is where you will get the best advice. Another piece of advice -- spend the day at the courthouse in your area.  You will learn a great deal about how things work.  Very enlightening!

Answer 5

It depends upon the local laws. Some areas do allow for recovery of attorney fees if the suit is deemed frivolous. Other areas don't. Check with your attorney to see if your jurisdiction is one of the ones that does protect you in this way.

Answer 6

You can recoup your expenses if you counter-sue. In addition you can say the suit being brought against is "in bad faith." If the judge finds this to be true it could mean punitive damages awarded to you as well. In some cases, bad faith can get a lawyer disbarred, so it could make this all go away quick.  

Answer 7

You will have to pay your attorney unless the judge rules that they were so ridiculous that they should never have been allowed in court.  In England the winner gets attorney's fees.  Not here.

Answer 8

You can, but a judge does not usually allow it