in a small claim court in indiana can i recoup above the limit with atty fees also

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handygreg

Jun 18, 2012, 08:04 PM

in a small claims court in indiana, my individual case got the full $6000.00 as well as the $100.00 filing fees but no atty fees which are substantial. my atty told me originally i would get that all but in the award the judge said she can award only up to the $6000.00 with everything, not just the amount plus all the rest. can you help. thanks

AK lawyer

Jun 18, 2012, 08:50 PM

... the judge said she can award only up to the $6000.00 with everything, not just the amount plus all the rest. can you help. thanks

Your attorney would have to appeal. If he is correct and the judge was mistaken, you will prevail on the appeal.

The normal "American Rule" is that each side is responsible for his or her attorneys fees, unless attorney fees to the prevailing party are provided for by contract. Did you have a contract like that?