QUESTION
Can I be responsible for the other parties fees If i lose my small claim?
Asked on Feb 08th, 2013 on Personal Injury - Texas
More details to this question:
We are taking Walmart to small claims court for an issue regarding our vehicle. If we lose, can they then sue us for their legal charges?
9 ANSWERS
Yes, but it would be up to the Judge to decide whether or not to award attorney's fees to Wal-Mart.
Answered on Feb 12th, 2013 at 6:37 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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They would have to ask for their attorney's fees in the small claims action.
Answered on Feb 11th, 2013 at 7:32 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There is no provision for atty fees in such cases.
Answered on Feb 11th, 2013 at 7:00 PM
Ronald A. Steinberg
Not unless it was a frivolous suit. You might have to pay some court costs, but if you win, you get costs also.
Answered on Feb 10th, 2013 at 11:54 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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In small claims court, if you lose, the court could award Walmart its "court costs" but not attorneys' fees (unless your claim is based on a contract that has an attorneys' fee provision in it).
Answered on Feb 10th, 2013 at 11:51 PM
In America each side normally pays their own legal fees. Only in instances where there is a statute authorizing fee transfer will that rule be negated; unless the action is found to be without any merit, i.e., frivolous. In Iowa we have a three strike rule for small claims court.
Answered on Feb 10th, 2013 at 9:56 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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No. They can only get an award for costs, such as filing fees. If you have a contract with them that has an attorney fee provision, then perhaps yes. You need to look at the contract if there is one.
Answered on Feb 10th, 2013 at 7:05 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, attorneys fees are not available in that situation.
Answered on Feb 10th, 2013 at 7:04 PM
Andrew Traub
It depends on what you are suing for but probably not legal fees but possibly court costs.
Answered on Feb 10th, 2013 at 7:03 PM