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

In South Dakota, a person who wins a collection defense lawsuit may be able to recover attorney’s fees and costs. The South Dakota Collection Defense Law states that if a collection agency violates certain provisions of the law, the consumer may be entitled to recover reasonable attorney’s fees and costs in addition to any other relief or damages provided by the law. For example, if a collector attempts to collect a debt from the consumer that is not legally due, the consumer may sue the collector for damages and may also be entitled to recover their attorney’s fees and costs. In such a case, the consumer must prove to the court that the collector violated the Collection Defense Law in order to be awarded attorney’s fees and costs. This means the consumer must provide evidence that the collector did not follow the law. If the consumer is successful in proving the violation, the court may award them their attorney’s fees and costs. The Collection Defense Law in South Dakota is designed to protect consumers from abusive collection practices. By allowing consumers to recover attorney’s fees and costs if they are successful in a collection defense lawsuit, the law provides an extra incentive for consumers to fight abusive collection agencies.

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

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