Does Defendent in a Civilsuit Usually Have to Pay Court Cost and Attorney 's Fees if They Lose the Case?
Memphis, TN
Viewed 68 times.
Posted about 1 year ago in Litigation
Flag as objectionable
If a defendent in a civil lawsuit with a collection agency shows up for court and still loses the case does the defendent generally have to pay the attorney fees and court costs?
- Is this your question? Add additional information
Answers (2)Andrew Joseph Fink
This attorney is licensed in Illinois and 1 other state.
Posted about 1 month ago.
Flag as objectionable
Your question depends on the state you live in. To be sure, I work and reside in Illinois and am not familiar with Tennessee procedure.
In Illinois, a losing party is responsible for paying the other parties court costs, which generally are limited to filing fees, costs of service and subpoenas (though there may be other costs also allowed). Generally the "American Rule" does not require the defendant (or other losing parties) to pay attorney's fees. However, that rule depends on the nature of the litigation. There may be cases where a defendant will be required to pay the attorneys' fees. In order for this to occur, there must be something specifically written within a statute that requires such to occur. Also, a defendant / losing party may also be responsible for attorneys fees / costs if there is some sanctionable conduct on the part of a party and a judge orders that party to pay fees. For example, in Illinois, if a party refuses to comply with discovery orders, a court may make an award of attorney's fees under SCR 219(c). Andrew Joseph Fink
This attorney is licensed in Illinois and 1 other state.
Posted about 1 month ago.
Flag as objectionable
Your question depends on many variables. As a general principal, you are only required to pay "court costs" if you lose (and that depends on the state you live in). However, many contracts often provide that if you lose, you are required to pay both costs and attorney's fees. Generally speaking, most contractual arrangements (and I assume that this matter involves a contractual arrangement) provide that the losing party pays "reasonable and or actual attorney's fees" plus the court costs.
I would strongly recommend that you discuss this issue with an attorney in Tennessee. |