/ Register

Small claims court and attorney fees

Discussion in 'Credit Talk' started by peeper, Mar 18, 2008.

  1. Mar 18, 2008 #1
    peeper

    peeper Well-Known Member

    In small claims court it is stated that neither side is required to have an attorney represent them?If thats true then if the plaintiff wins the defendent should not be liable for the plaintiffs attorney fees.Since this expense could have been avoided by the plaintiff.Is this correct?
     
  3. Mar 19, 2008 #2
    Dumb Bob

    Dumb Bob Well-Known Member

    1. What court requires you to have an attorney? I don't know of any.
    2. Under the American Rule, each side pays for its own legal representation:

    http://en.wikipedia.org/wiki/American_rule_(legal_term)
    .
     
  4. Mar 19, 2008 #3
    jlynn

    jlynn Well-Known Member

    Actually in small claims or justice court in TX, I believe corps must be represented by an attorney. ;)
     
  5. Mar 19, 2008 #4
    bizwiz41

    bizwiz41 Well-Known Member

    It woud also depend upon what the attorney's fees were for.
     
  6. Mar 19, 2008 #5
    Hedwig

    Hedwig Well-Known Member

    That's very true. Just because they weren't in court doesn't mean they didn't do work on behalf of the client.
     
  7. Mar 19, 2008 #6
    rachael24

    rachael24 Banned

    Exactly...Big piece of information here.
     

Share This Page