Legal Question in Civil Litigation in Pennsylvania
A local tax collection agency informed me I had incurred a late penalty fee for not filing on time. I had recently gone through a divorce and the late filing was due solely to my ex-wife's negligence. I sued my ex to pay the late fee. While waiting for my case to be heard, the tax collector wrote back and said due an error on their behalf, they were waiving the penalty fee. By them waiving the fee, it rendered my case against the ex-wife moot. But I had already filed a petition against the ex based on their faulty information and consequently incurred legal fees. Would I stand a chance at recovering legal fees from the tax collector due to them supplying me with bad information?
1 Answer from Attorneys
No. Legal fees are not generally recoverable unless authorized by a statute or rule. The facts here do not suggest that your ex-wife did anything which would cause her to be liable for YOUR attorney fees. You are the one who chose to sue her. And you do not explain why you owed the tax but chose to rely on your ex-wife to file.
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