Legal Question in Business Law in California

can i charge extra to someone for taking them to small claims court for my time and effort?


Asked on 2/02/12, 9:15 am

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

No, unless you are suing for breach of a contract that says you may impose such charges if you win a lawsuit to enforce that contract.

Read more
Answered on 2/02/12, 11:35 am
Anthony Roach Law Office of Anthony A. Roach

No. And I further disagree with Mr. Hoffman's response. Even if your contract provided for attorney's fees, it would not be recoverable in a small claims action, because attorneys cannot appear in small claims actions. Litigants in small claims actions must be self-represented, and self-represented parties never recover attorney's fees, even if they are licensed attorneys.

Read more
Answered on 2/03/12, 11:41 am
Edward Hoffman Law Offices of Edward A. Hoffman

I think Mr. Roach has misread either your question or my answer. He's quite correct that attorneys can't appear in small claims court, and that litigants therefore cannot recover attorney fees in that forum.

But you didn't ask about attorney fees. Instead, you asked about compensation for your own time and effort. If your contract says that a party who successfully sues to enforce its terms may recover such damages and explains how they are to be calculated, there is a good chance that a court will make such an award.

That, however, if a pretty big "if". I have never seen such language in a contract. Also, many judges would look for reasons disregard such language. Depending upon how your contract was written, they might find reasons quite easily. For example, they might view the issue the same way Mr. Roach has, deeming the provisions an improper attorney-fee clause.

Read more
Answered on 2/06/12, 6:05 pm


Related Questions & Answers

More Business Law questions and answers in California