Legal Question in Business Law in Illinois

counter suit for legal fees

In civil court, a lawsuit is filed against me for breech of contract, with no evidence. The lawsuit was simply an intimidation tactic to settle, even though I did nothing wrong.

They then voluntarily withdraw the lawsuit (which my attorney says is very rare.) If they re-file and goes to court, without evidence, can I countersue for legal fees? What would it take to counter sue for legal fees and win?


Asked on 3/17/08, 11:21 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: counter suit for legal fees

34-1-32-1 General recovery rule

Sec.1. (a) In all civil actions, the party recovering judgment shall recover costs, except in those cases in which a different provision is made by law.

(b) In any civil action, the court may award attorney's fees as part of the costs to the prevailing party, if it finds that either party:

(1) brought the action or defense on a claim or defense that is frivolous, unreasonable or groundless;

(2) continued to litigate the action or defense after the party's claim or defense clearly became frivolous, unreasonable or groundless; or

(3) litigated the action in bad faith.

Read more
Answered on 3/18/08, 6:52 pm


Related Questions & Answers

More Business Law questions and answers in Illinois