Legal Question in Business Law in New Mexico

Legal Fees

Dear Law gurus,

I would like your opinion:

Is it true that in the State of New Mexico, if you decide to sue a business that owe you money and the defendant is found guilty, you are not entitle to have your legal fees paid back by the defendant.

Thank you for your help

--name removed--


Asked on 11/18/02, 1:46 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Legal Fees

New Mexico follows the 'American Rule' which is that each party will pay his own attorneys' fees, unless there is (1) a written agreement which states that the loser will pay the winner's attorneys' fees, or (2)a statute which provides for attorneys' fees to the winner, such as under Unfair Business Practices or on installment contracts, etc.

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Answered on 11/18/02, 9:39 pm


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