Legal Question in Civil Litigation in Virginia

I recently brought suit against a local business. The amount was under $500. In Small Claims court, the defendent asked to move it to District Court. We did and I won a judgement for the amount I was asking for. I did not have an attorney and the defendent did. The defendent has appealed to the Circuit Court. I have two questions. First, if I lose in Circuit Court can I be held liable for the defendent\'s legal fees (which will be far above the amount of the suit). Secondly, if I choose not to go to Circuit Court, can I be held liable for defendent\'s legal fees up to that point. I am not sure I want to risk several thousand dollars in his legal fees in order to win a judgement (again) for less than $500.


Asked on 7/28/09, 6:05 pm

1 Answer from Attorneys
Gary Mims Sickels, Frei & Mims

Probably not. Unless your claim is baased on contract that has a provision for attorney's fees, no one can claim them. Good thing is that in order to appeal the defendant should have posted a bond in the amount of the judgement. Good luck.

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Answered on 8/02/09, 6:26 pm


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