If you are being sued by a creditor, is the amount of court costs and attorneys fees higher if you go to court and lose than it would be if you don't go to court?

Yes, assuming you lose.

In my area - NY State - it depends on where the process stands when you settle. Attorney fees would be less, of course, if the Attorney spends less time. Court costs are paid when the Index Number is obtained in order to go to Court. I don't know what additional Court costs you think are involved, other than post-Judgment, a transcript, something like that.

Then that opens the subject of whether you are financially ahead if you settle for the full amount OR go to Court and possibly win (or, of course, lose).

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Originally Posted by codlum

If you are being sued by a creditor, is the amount of court costs and attorneys fees higher if you go to court and lose than it would be if you don't go to court?

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If the defendant defends and looses anyway? Perhaps there might be additional court costs involved. In most states, however, attorney fees are only recovered if it is provided for in the contract being sued upon. However, if the defendant defends, normally the court-awarded fees would be higher.