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Old 07-10-2009, 12:16 PM
 
433 posts, read 964,543 times
Reputation: 144

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hi,
long story short.....

I sued someone in Small Claims Court (amount about 800)
They took it to normal circuit court
I called the court and asked if they are counter-suing. Clerk said no.

when i go to the hearing, if i win, then it's obvious, i get the money. if i lose, can the defendent ask for lawyer fees if they haven't counter-sued as of now?
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Old 07-10-2009, 09:43 PM
 
515 posts, read 1,693,110 times
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I am not a lawyer, but I know enough to say that whether someone can recover attorneys fees depends on whether the applicable law provides for it.

IOW, it depends on what the dispute is about and what the governing law is.
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Old 07-12-2009, 11:26 AM
 
433 posts, read 964,543 times
Reputation: 144
Anyone? Any ideas?
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Old 07-12-2009, 01:07 PM
 
4,709 posts, read 12,679,964 times
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Quote:
Originally Posted by Evidence-is-key View Post
....when i go to the hearing, if i win, then it's obvious, i get the money...

No, what you get is a judgement. Getting the money is a whole 'nother ballgame.
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Old 07-13-2009, 05:06 AM
 
433 posts, read 964,543 times
Reputation: 144
Quote:
Originally Posted by car54 View Post
No, what you get is a judgement. Getting the money is a whole 'nother ballgame.
Yes. I understand and agree 100%.

my question is though, can he turn around IN COURT and say..."ok you lose, so judge, i'd like to sue him for 2000 for my legal fees that were lost" if he hasn't filed a suit against me before the court?! that's my question.


also, if the answer to the above is NO, then my second question is "how likely is it that IF i lose, he will turn around later on and try to sue me for his attorny fees lost"?
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Old 07-13-2009, 06:56 AM
 
Location: Virginia
18,717 posts, read 31,097,760 times
Reputation: 42988
I'd suggest trying a different forum where you're going to find more legal experts. I believe city data has some legal issue forums, maybe you could find help there. Good luck to you!
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Old 07-13-2009, 06:57 AM
 
433 posts, read 964,543 times
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Quote:
Originally Posted by FromVAtoNC View Post
I'd suggest trying a different forum where you're going to find more legal experts. I believe city data has some legal issue forums, maybe you could find help there. Good luck to you!
which forum?
i couldn't find any. Please help if you know which forum. thank you :-)
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Old 07-13-2009, 07:01 AM
 
Location: Virginia
18,717 posts, read 31,097,760 times
Reputation: 42988
Quote:
Originally Posted by Evidence-is-key View Post
which forum?
i couldn't find any. Please help if you know which forum. thank you :-)
Shoot, I see what you mean. Well, since it's a small claims issue perhaps some of the people who frequent the business forums would be able to help you.
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Old 07-14-2009, 06:27 AM
 
433 posts, read 964,543 times
Reputation: 144
Quote:
Originally Posted by FromVAtoNC View Post
Shoot, I see what you mean. Well, since it's a small claims issue perhaps some of the people who frequent the business forums would be able to help you.
:-) thanks.

Is anyone here a lawyer?
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