Can I recover attorney’s fees if I win a collection defense lawsuit?

Generally, attorney’s fees are recoverable if you win a collection defense lawsuit in California. The law, which is contained in the California Civil Code section 1717, states that if you sue a creditor for violating the state’s debt collection laws (such as the Fair Debt Collection Practices Act) you are eligible to receive reimbursement of attorney’s fees if you win the case. However, there are some conditions that must be met in order to be able to recover the attorney’s fees. The most important condition is that the creditor must have engaged in a willful violation of the law, meaning the creditor knowingly and intentionally broke the law. Additionally, the rule only applies in situations where the creditor is attempting to collect a debt. If you are suing the creditor for something unrelated to debt collection, your attorney’s fees may not be reimbursed. You should also be aware that the law only applies to cases that are heard in California state courts. If the case is heard in federal court, the federal court may have a different rule regarding attorney’s fees. You should speak with your attorney to determine the best course of action regarding attorney’s fees. In summary, if you win a collection defense lawsuit in California, you may be able to recover attorney’s fees if the creditor is found to have engaged in a willful violation of the law. Make sure to speak with your attorney and be aware of any differences in federal court.

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Can I recover attorney’s fees if I win a collection defense lawsuit?

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