Legal Question in Civil Litigation in Florida
small claims court
I have a landlord/ tenant issue for $4000.00 worth of damades that is heading for small claims court. #1. If I use an online service to write my letter of demand which charges $20.00 per legal document, can I consider this to be reasonable leagal fees and add this to my claim? #2. If I choose to retain a lawyer to deal with my small claims case, is the $250.00/ hour lawyer fee considered reasonable and will my legal expenses be added to the claim? #3. If yes to two... Are legal expenses added at the time the judge makes a judgement or should the monies paid to the lawyer be added into the value of the claim when filing? Advance thanks for shared wisdom!
2 Answers from Attorneys
Re: small claims court
1. No.
2. Yes, if your lease says the loser pays attorneys' fees.
3. Legal fees are added at the end when the judge issues the judgment, not when filing, although a claim for attorneys' fees in an unknown amount must be made in the complaint when filed.
Re: small claims court
The answer to #1 is no these are not attorneys fees. 2# Florida Statute 83.48 allows attorneys fees for the prevailing party. It does not have to be mentioned in your lease. 3# The attorney adds the information and affidavits for attorneys fees at the time they submit the Final Judgment to the Judge.
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