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

In Delaware, you can generally request attorney fees or costs in a small claims court case. However, whether or not the judge will approve your request will depend on the specific circumstances of your case. Generally, small claims courts are designed to be accessible to ordinary people with ordinary legal problems, and part of this access is that parties are allowed to represent themselves in small claims court rather than having to hire and pay an attorney. As a result, attorney fees cannot generally be part of a small claims court award. However, there are some exceptions. First, if the defendant in your case is being represented by an attorney, you may be able to petition the court to award you attorney fees for having to defend yourself against the defendant’s attorney. Second, if the issue in your case involves a breach of contract with a party who is represented by an attorney, you may be entitled to recover attorney fees if the contract stipulates it or state law permits it. When making your request for attorney fees, it is important to remember that even if you meet the requirements for the award of attorney fees, the court may exercise its discretion to deny your request if it finds the fees are unreasonable. You should also be prepared to provide supporting evidence, such as documents, bills, or receipts for your case in order to make a strong case for attorney fees.

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