Legal Question in Credit and Debt Law in Illinois

Can I sue for court cost, etc if this is not written in a contract?

I have a contract with a company for work I provided to them. Prior to signing the contract, they removed the paragraph that stated (if they defaulted on payment they would be responsible for any attorney fees, court cost etc). Since this is not a part of the contract I signed with them, can I still sue for these costs? And if not can I still sue for my time to file papers, filing fee charges, etc. I guess what I need to know is what can I sue for besides what they owe me, if it wasn't in the contract. I am taking them to small claims court.

Thank you.


Asked on 7/23/03, 4:08 pm

2 Answers from Attorneys

Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: Can I sue for court cost, etc if this is not written in a contract?

It never hurts to ask. The worst the judge will do is not award them. However, if you do not ask then you can be sure the judge will not award them.

Just remember that our legal system is predicated generally on the principle that each party is responsible for his own costs in a lawsuit.

Good Luck,

Thaddeus J. Hunt

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Answered on 7/23/03, 11:45 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: Can I sue for court cost, etc if this is not written in a contract?

You can sue for all of those costs - you will probably only be awarded court costs. However, you can ask for anything!

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Answered on 7/23/03, 4:31 pm


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