Can I request attorney fees in a small claims court case?
In Colorado, it is possible to request attorney fees when filing a small claims court case. However, it is important to understand that the request must be made in writing during the filing process and approved by the court. The reason for this is that attorney fees are considered a civil remedy, which means that they are not guaranteed in a small claims lawsuit. The court will consider the facts and circumstances of the case when deciding if attorney fees are appropriate. Generally, a request for attorney fees in a small claims case will be granted if it is found that the defendant acted in bad faith or if the plaintiff would not have been able to represent themselves adequately without the help of an attorney. Additionally, any awards of attorney fees may be limited to a certain percentage of the total judgment amount. In addition to writing the request for attorney fees, it is also important to provide evidence that supports the request. This evidence may include invoices, affidavits, or other documents that demonstrate that the attorney fees were necessary and incurred in order to seek justice in the case. If your request for attorney fees is denied, you may not be able to appeal the decision unless you can prove the court made an error. Therefore, it is important to consider all the relevant factors before submitting a request for attorney fees.
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