Attorney Fees (by DAWN [WI]) Nov 5, 2009 9:52 AM|
Attorney Fees (by Mike45 [NV]) Nov 5, 2009 9:58 AM
Attorney Fees (by MrRational [MD]) Nov 5, 2009 10:26 AM
Attorney Fees (by kt [IL]) Nov 5, 2009 12:25 PM
Attorney Fees (by Gloria [TN]) Nov 5, 2009 4:15 PM
Attorney Fees (by RJ [WI]) Nov 5, 2009 6:25 PM
Attorney Fees (by DAWN [WI]) Posted on: Nov 5, 2009 9:52 AM
State Specific Question About: WISCONSIN (WI)
When is an attorney able to get attorney fees in a small claims case? --216.105.xxx.xxx
Attorney Fees (by Mike45 [NV]) Posted on: Nov 5, 2009 9:58 AM
If an attorney is suing a former client in Small Claims Court for fees owed, the attorney can recover those fees in Small Claims. But the Court generally will not tack on the attorneys fees for the attorney's work in pursuing the collection action in Small Claims -- the recovery would be just for the original bill (plus interest and costs).
An attorney is generally not allowed to appear in Small Claims Court as a representative for a party in Small Claims Court, so attorneys' fees would generally not be recoverable in Small Claims Court (other than in an attorney's own collection action). And in that collection action, the attorney (appearing "in pro per") would not be able to recover his fees for the collection work itself.
Attorney Fees (by MrRational [MD]) Posted on: Nov 5, 2009 10:26 AM
The whole point of small claims court is for 'regular folks" to be able to seek justice WITHOUT resorting to attorneys.
if you hire an attorney to help you in some (any) way... that expense will be entirely on you.
Attorney Fees (by kt [IL]) Posted on: Nov 5, 2009 12:25 PM
Here in Ill atty fees have to be addressed in the lease for the court to award them. --72.26.xx.xx
Attorney Fees (by Gloria [TN]) Posted on: Nov 5, 2009 4:15 PM
When you don't pay him. Pay up and he will leave you alone. --208.252.xxx.xx
Attorney Fees (by RJ [WI]) Posted on: Nov 5, 2009 6:25 PM
Lawyer fees are collectable in small claims court in WI. Its a flat amount depending on how much your case is for. $100 or $300 IIRC but I can even guess right now what amount you have to go over in order to go from $100 up to $300. If you spend more than that and expect to recover it, it needs to be addressed in your lease.
If you represent yourself in SC court, you can ask for laywer fees because you are not only allowed to consult a laywer but you are encouraged to by the clerk of courts. The clerk of courts will tell you almost nothing except repeat over and over "Im not allowed to give legal advice".
Not everybody gets laywer fees, that depends on the local judge and county. Part of the "gamble" of going to court.