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Small Claims Appeal

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M

mdr100

Guest
What is the name of your state? CA

After being awarded a $1,000 judgement in small claims court, the defendant is now appealing. If I hire an attorney to represent me, can the attorney fees be recouped if I win my judgement in the appellate court?
 


JETX

Senior Member
Whether attorney fees are recoverable or not would depend entirely on the specific cause of action, as it is set by law.
 
M

mdr100

Guest
Could you please elaborate on what "the specific cause of action, as it is set by law" means?

Thanks.
 

JETX

Senior Member
Some claims allow attorney fees to be recoverable, and some don't. For example, contracts often provide a clause where the prevailing party and recover attorney fees. Some states provide for attorney fees if the cause is against a landlord or tenant.

Generally, attorney's fees are not awarded to the winning party in a lawsuit except where there is a provision in a contract for the fees or there is a statute which provides for an award of fees in the particular type of case.
 

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