Legal Question in Civil Litigation in New York
filing lawsuit
I own a company in Colorado, we provided services to a company in New York State. We have not been paid, we sent them to collections, and now are looking to file a lawsuit against them.
I understand most collections lawyers charge a contingency fee, can I add that to the lawsuit? Can I sue for travel expenses for me having to go to NY if my presence is required at the hearing?
3 Answers from Attorneys
Re: filing lawsuit
You can certainly seek costs, however, whether you will be awarded them will likely depend upon your contract with the debtor company.
Re: filing lawsuit
unless you have a contract that specifically provides for payment of legal fees by the other party in case of default, parties generally must bear their own costs in litigation
Re: filing lawsuit
Unless expressly provided for in your contract or invoices, you are responsible generally for costs of collection including attorney's fees. In litigation the prevailing party can recover a limited amount of "court costs", such as filing fee, service of process, marshal's fees, etc.. You can also get pre-judgment interest added to your claim at the statutory rate if your claim is based on a contract.
Please feel free to review the Frequently Asked Question (FAQs) regarding commercial collections on our website at www.starrandstarr.com.
We handle commercial collections matters on a contingency fee basis. Please feel free to contact me for further information at 8888678165.
The foregoing is general information of interest to readers of this website and is not legal advice for your specific situation. Facts and circumstances not disclosed in your brief posting may materially affect your rights. You should consult with an attorney.
Best regards,