I want to file a claim in special civil for collusion and civil conspiracy where two defendants colluded with a defendant I had a lawsuit against to help him hide assets. If I file against the two defendants in small claims Special Civil for $15,000 each, if I lose and the two defendants bring an attorney, May I possibly be responsible for paying for their attorneys fees? I didn’t think so because you can represent yourself in that court and they weren’t forced to get an attorney. They chose to bring one.
There are certain statutes, court rules and situations where counsel fees may be awarded. A suit with no merit, brought solely to harass, may be such a situation. Tread carefully. Better, consult a lawyer.
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The analysis of "you weren't required to hire an attorney" is never going to fly.
In most cases, attorneys fees cannot be granted. There are a few exceptions, including patently frivolous cases. You would be well served to have your own attorney, ESPECIALLY if they have one.
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