QUESTION
Would this be worth my time to get an attorney
Asked on Aug 30th, 2021 on Contracts - Kansas
More details to this question:
I have a friend that runs clogging dance training classes. She loans out costumes to her students to use during shows. She has an ex student that refuses to return her loaned costumes with a value of around $300-$400. My friend has the txt messages from the ex student in regards to why she would not return the costumes. Before these 2 people broke up the friendship, my friend paid for some concert tickets $170. My friend said she would give her the money for the tickets when she got her costumes returned. The ex friend said no. The ex student has now stopped all communication with my friend. So the question is would it be worth getting an attorney for this as well as trying to collect attorney fees from the ex friend. Or just handle it in small claims court and hope for the best.
1 ANSWER
It would cost your friend more than she could possibly recover to get an attorney. Your friend stands to recover a net amount of approximately $130 to $180, plus inrerest, less than most attorneys charge for a single hour of work. She can only recover attorneys' fees from the other side if she has a contract, or there is an applicable statute, providing for it, and you've not indicated any in your question. Moreover, even if she could recover attorneys' fees, she could only recover reasonable fees, and the amount of fees which are reasonable to spend where the recovery is so small would be minimal. This type of situation is exactly what small claims was designed for.
Answered on Aug 31st, 2021 at 12:59 PM