Can I request attorney fees in a small claims court case?

Yes, you can request attorney fees in a small claims court case in California. In order for you to receive attorney fees as part of an award, the law requires that there must be a written request for attorney fees made within fifteen days after the judgment is entered. After making such a request, you must then wait for the court to issue an order approving or denying the attorney fees. If the court grants you the attorney fees, the amount that can be awarded will depend on the amount of the judgment and the amount of time that was spent on the case by the attorney. In addition, the judge will typically review the attorney’s fee agreement and compare it to the prevailing rates in the area before determining a final amount. Under California law, attorney fees can only be requested and awarded in a small claims court case if the judgment is greater than $2,500. Additionally, the attorney must have participated in the court proceedings. Therefore, if you choose to hire an attorney to represent you in a small claims court case, it is always wise to make a written request for attorney fees in case the case results in a judgment in your favor.

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