QUESTION
How is it that a defendant can sue for attorney fees but a plaintiff can't?
Asked on Oct 03rd, 2014 on Litigation - Michigan
More details to this question:
I was taking the defendant to small claims but, they had it removed to civil court. Their stating their LLC does that mean they can't be sued for the damages? And can they use the LLC for a legal defense?
7 ANSWERS
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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It means you were dealing with a corporation and they have the right to have their attorney represent them in court.
Answered on Oct 07th, 2014 at 5:58 PM
Ronald A. Steinberg
Not enough information If you, as Plaintiff in a civil case, file a law suit and win at trial, you are entitled to whatever the jury (or judge) determine as your losses, together with taxable costs, interest and attorney fees. If there is a Case Evaluation (under Michigan law), and you do NOT accept the award, and then get a verdict of 10% or more less than that award, then you have to pay the Defendant's ACTUAL attorney fees from the time of the Case Evaluation through the trial. If your situation does not fit into either of theses, then it is because you haven't given enough information.
Answered on Oct 07th, 2014 at 12:35 PM
Michael J. Breczinski
You can sue for attorney fees, IF you hire a lawyer. You may have to sue the LLC.
Answered on Oct 07th, 2014 at 10:06 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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An LLC can be sued. Attorney fees can be a contract. There are generally not recoverable unless there is a statute that provides it, or a contract that specifies it.
Answered on Oct 06th, 2014 at 12:43 PM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
3 Awards
Anyone can remove a case from small claims to civil it is an automatic right. Generally, neither party can get attorney fees unless there is a contract that says they can.
Answered on Oct 06th, 2014 at 10:49 AM
An LLC is a business entity like being incorporated. It has nothing to do with their lawyer but understand that pretty much any entity other than an individual or sole proprietorship is required under Michigan law to be represented by an attorney. An LLC cannot appear in small claims court because attorneys cannot practice in small claims so they asked for an automatic removal to general civil division of the court.
Answered on Oct 06th, 2014 at 9:30 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You clearly need to speak with an attorney with the details.
Answered on Oct 06th, 2014 at 8:51 AM