Legal Question in Credit and Debt Law in California

I had a falsely contrived debt collection lawsuit from a Workers compensation insurance company derived from a mistake made on the audit form. They claimed I owed 25k and when I objected they reduced it to 15k and sent it to their attorney's We reported all of the gross payments made to licensed subcontractors that had their own WC and or were exempt based on CSLB reporting. Tried to bulldog me and tried to get a summery judgment which the Judge denied. I provided the proof that no payroll was reported. After they determined they made a mistake, They refunded me the premiums due me and asked to have the case dismissed. Now I am out my Attorneys fees and I want to be made whole. Can I open a small claims and get my fees ?


Asked on 5/27/16, 9:19 pm

1 Answer from Attorneys

No. There are only two ways to recover attorneys fees. 1) establish a right to them in the same case at the time the judgement is entered, or 2) sue for malicious prosecution, but that requires proof of actual malicious intent, not just dumb-ass mistake, which does not fit your situation.

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Answered on 5/30/16, 1:36 pm


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