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If I sue for nonpayment of services rendered, can I recoup my legal fees?
Anonymous7 views4 answers
I am a graphic designer and performed services for a client. We didn't have anything in writing, but he is a past client and has paid on time in the past. This time, he complained about the work performed and I immediately fixed it. Then I asked for payment and he said it was in the mail. He kept telling me that for months until finally he stopped answering my calls/emails/texts.
I want to sue him for non-payment. The amount is only $5000 and I know it will cost a lot to get a lawyer. If I do hire a lawyer and I win the suit, will my lawyer fees be paid by him?
You will only be able to recover your attorney fees if you have a signed contract with the client which provides for the recovery of attorney fees in a dispute.
Since the amount is less than $10,000, you can sue in small claims court so you do not need a lawyer.
Unless provided for in a written contract or provided for under a specific statute (not your case) you cannot recover your legal fees.
As my colleagues point out - small claims court is almost certainly the way to go.
Does your agreement include any alternative dispute resolution provisions? Arbitration? Mediation? If so, perhaps that might be a better approach to consider, or it might even be a mandatory step, assuming the agreement is written in such a manner.
From what you stated, although it seems you may have no other choice but to sue in small claims court, if your contract includes an attorney's fees provision, you may still seek a reward for the attorney fees you spend on counseling and/or preparation of your small claims suit. This, however, will likely not be much, but it's still something.
An attorney, however, may not appear on your behalf in Small Claims court.
