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Small Claims Judgement LLC

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M

mtfy

Guest
What is the name of your state? Ohio

I filed a small claim in Ohio small claims. The debtor did not appear and a judgement for the amount due and the filing fee was awarded to us. We are a LLC and the Magistrate informed me that since we are a LLC that to collect the judgement, we would have to hire an attorney to file the appropriate paperwork to pursue the collection. The debtor has ignored my letter and the court order and I need to pursue it further to collect the judgement. The total judgement was $664.

My question is this: Will I be able to add the attorney fees to the amount that I am trying to collect? Or will I have to pay any fees out of the sum that I eventually collect? I do not have a judgement for any additional attorney fees.

Thank you.
 


I AM ALWAYS LIABLE

Senior Member
mtfy said:
What is the name of your state? Ohio

I filed a small claim in Ohio small claims. The debtor did not appear and a judgement for the amount due and the filing fee was awarded to us. We are a LLC and the Magistrate informed me that since we are a LLC that to collect the judgement, we would have to hire an attorney to file the appropriate paperwork to pursue the collection. The debtor has ignored my letter and the court order and I need to pursue it further to collect the judgement. The total judgement was $664.

My question is this: Will I be able to add the attorney fees to the amount that I am trying to collect? Or will I have to pay any fees out of the sum that I eventually collect? I do not have a judgement for any additional attorney fees.

Thank you.


My response:

Unless there was a written contract specifying recovery of attorney's fees and costs of collection, then no.

IAAL
 

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