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

In Indiana, it is possible to ask for attorney fees in a small claims court case. However, the court has wide discretion in deciding whether to allow such a request. Generally, attorney fees are awarded to a party who wins the case, but in some cases, the court may allocate a portion of the fee to the losing party. In order to request attorney fees in a small claims court case, the claimant will typically need to provide a detailed explanation for why the fees are necessary. For example, the request should discuss the complexity of the case, the unique skills of the attorney, and any special circumstances that may have made it necessary to use an attorney. If the court grants the request for attorney fees, the claimant must be prepared to pay the fee out of any money recovered in the case. If the claimant is awarded more money than they have requested in attorney fees, the difference will be returned to them. If the court denies the request for attorney fees, the claimant will still be responsible for their own attorney costs. Overall, claimants should not expect attorney fees to be awarded in a small claims court case. The request may be approved, but the court has significant discretion when it comes to granting fees. Therefore, it is important that claimants make a convincing case for why the services of an attorney are necessary.

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

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