charging legal fees
Date: Wed, 03/18/2009 - 17:51
I have a hearing next week. I have email documentation that I told the Plaintiff I would be filing a Motion to Set Aside the Default. I also told them verbally. We are working on settling out of court. Once that happens, can I hit them for legal fees: $325 for filing, $300 for doc preparation. Or will I look like a total dork in doing this? Thank You.
Are they suing you, or you suing them? The court usually on
Are they suing you, or you suing them?
The court usually only awards court costs to the prevailing party. In a case where you settle out of court and the case gets dismissed, the court won't award anybody costs (unless it's part of the settlement agreement).
If actually want to turn around and file a counter-complaint against them, you will need to prove why you should be entitled to a judgment (breech of contract, tort, personal injury). You can't simply sue them because they sued you first.