Adversary proceeding going to trial

[lovemydogs]

My husband and I are going to trial in an adversary proceeding that was filed against us by a 3 private people claiming fraud, theft and extortion. They have no proof on any of this. They state they won judgements of theft in district court but the final judgement that the judge signed does not state theft anywhere. As far as fraud and extortion, it is basically a big joke. They are pro se and we were also until the judge did not dismiss and set it for a 2 day trial. We have now retained a lawyer and are hoping that we will prevail. The plaintiff is basically doing this to harass and far as we are concerned. All the claims they are stating we have documents to back up that they are all false and are lying. Will a judge sanction them on any of this? We can prove they are lying. I am keeping faith that now that we have a lawyer this will not take 2 entire days in court.

[HHM]

Probably not sanction (since they are pro se), but if you prevail, the judge can order them to pay your attorney fees.

[lovemydogs]

The judge was pretty stern on them at the previous hearings stating that if the continue to go pro se they better know the codes and rules or they would be sanctioned. My main goal is to let them know I am not backing down on this since this entire adversary proceeding is based on lies they have made up. Could very well try to settle with them and save the attorney's fees but not whe there isn't one ounce of truth in any of their claims.

[justbroke]

There are many ways a Judge can sanction a party or attorney. As HHM mentioned, the Judge can award attorney fees. The Judge can also dismiss their complaint, as a sanction. Of course, the Judge can also impose damages above attorney fees, but as HHM mentions, that's usually not going to happen with pro se litigants.

I'm happy that you did the smart thing and hired an attorney! I am absolutely sure that your attorney will seek, at least, fee recovery from the plaintiffs in your adversary proceeding.

Best wishes!