Cape Coral, FL asked in Personal Injury and Civil Litigation for Florida

Q: My wife are 76 and 73 years, worked all our life. Being sued by 38 yr old son for damages.US Den Dist Ct # 1:2022cv00321

Son is disabled and misguided throughout his life. What are the options?

3 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Your options are to defend yourselves in the lawsuit, for which you should hire an attorney, or to not defend yourselves, which will result in a money judgment against you by default. Your inquiry does not indicate the alleged grounds for suing you. If they are something with no genuine factual and/or legal basis, an attorney should be able to get the suit terminated without charging you an arm and a leg. Seek a consultation ASAP. By the deadline given in the summons served on you, you must file a response or a motion for extension of time to respond, or you will be in default.

Michael  Mayoral
PREMIUM
Michael Mayoral
Answered
  • Coral Gables, FL
  • Licensed in Florida

A: You should absolutely retain counsel to answer the complaint and make sure that a default judgment isn't entered against you. Generally, one must file an answer 21 days after being served with a complaint in federal court. The attorney may be able to have the complaint dismissed.

Jane Kim
Jane Kim
Answered
  • Naples, FL
  • Licensed in Florida

A: To add to what was already advised to you, since the case is in federal court, it must mean the amount in controversy is at least $75,000 (there are exceptions to that). For this reason alone I'd consult with an attorney.

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