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    rkks1234's Avatar
    rkks1234 Posts: 1, Reputation: 1
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    #1

    Dec 31, 2012, 10:06 PM
    Attorney fees
    I bought a truck in June of 2011. The dealership closed and I didn't get my title. I sued them and won by taking a newer truck with a title. Can I now sue for my attorney fees? $1500 is what I paid for the attorney. After waiting a year and six months with no truck to drive. I ask my attorney to ask for the fees but she said the judge wold just turn it down. So can I sue in small claims for these fees?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #2

    Dec 31, 2012, 10:26 PM
    Was the outcome part of the settlement agreement you reached in court ? If so then you have closure. You can't go back.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 1, 2013, 02:01 AM
    No, the request for fees would have had to be included in the law suit where you were suing for damages.

    You should have required your attorney to ask for them. So the judge turns it down, you ask.

    Sorry, you lost your chance to sue for fees when you did not ask for them at the court where it happened.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jan 1, 2013, 07:12 AM
    Did you sue in small claims court? Many such courts don't allow attorneys so that's why the attorney may have felt he couldn't ask.

    I'm gathering you didn't get a cash award. If the dealership was closed there may have been no cash to ask for.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jan 2, 2013, 08:31 AM
    In most states, a prevailing party is not entilted to an award of his or her attorney fees, small claims or not (absent a contract specifically providing for it).
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