Legal Question in Credit and Debt Law in California
We have sent one of our accounts to collections and they will in turn submit to an attorney to take them to court for a judgment. My manager wanted to know if we can add the court fee�s on top of what the account owes us. The attorney told us that if it was not in the contract that the owner signed then it could not be collected, but then the agency tells us that it could probably be included. Do you know where I can search about this type of information?
1 Answer from Attorneys
In California prevailing litigants in a civil action are entitled to recover their costs "as a matter of right." Code of Civil Procedure section 1032(b). Allowable items of cost include filing fees, motion fees, service of process fees, and generally any other fee required by statute to be awarded to a prevailing party. Code of Civil Procedure section 1033.5. The term "cost" does not include attorney's fees, fees for experts not ordered by the court, postage, telephone and photocopying charges.
While one cannot generally recover their attorey's fees unless authorized by statute or a contract between the parties, the "costs" of a lawsuit are always recoverable.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
