Legal Question in Civil Litigation in Illinois
I am about to enter into a small claims case. I am an auto mechanic and own my own small business. I have a customer who will not pay me and another who paid with a bad check. I am going to sue them in small claims. I want to hire a lawyer. I know that I can ask the judge for the filing fees and money I have to pay to the court for the case, but can I ask for attorney fees? I do not have a signed contract. But the bill for one is over 6 months old and the bad check one is 2 months old. Please advise!
2 Answers from Attorneys
You cannot get attorney fees unless a contract says you can. However, there is a statutory right to attorneys fees for the bounced check. In that case you may want to hire an attorney and let them sue in circuit court.
Shell Bleiweiss
http://www.shell-bleiweiss.com
There are three ways for you to recover attorneys fees. One, is that the contract allows for it. Two is that a statute allows is such as for the bounced check, ther third, is if you can prove fraud.
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