Can I recover attorney’s fees if I win a collection defense lawsuit?
Yes, if you win a collection defense lawsuit in Texas, you may be entitled to recover attorney’s fees. This is because the Texas Deceptive Trade Practices Act (DTPA) allows a consumer to recover attorney’s fees if they prevail in a suit against a defendant. This means that if you are successful in your suit against the company attempting to collect an alleged debt, you may be entitled to recover the attorney’s fees you incurred in defending yourself against the collection lawsuit. In Texas, the consumer must be able to prove they were the victim of a deceptive act or practice or a collusion that resulted in their damages in order to be able to recover attorney’s fees. The consumer must also be able to prove the defendant knowingly engaged in the deceptive act or practice. This means that if a debtor wins their collection defense lawsuit, but cannot prove that the defendant knowingly engaged in a deceptive act or practice, then they will not be entitled to recover attorney’s fees. In addition, if a consumer obtains a court order to collect attorney’s fees, they have the burden of proving to the court that the amount of attorney’s fees they are claiming is reasonable. This can be done by providing evidence of the hours worked and the hourly rate charged. Overall, if you are successful in your collection defense lawsuit in Texas, you may be entitled to recover attorney’s fees incurred in defending yourself. In order to be eligible for attorney’s fees, you must be able to prove that the defendant knowingly engaged in a deceptive trade practice that caused you damages. Additionally, you must be able to prove that the amount of fees you are requesting is reasonable.
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