Can I request attorney fees in a small claims court case?
Yes, you can request attorney fees in a small claims court case in Maryland. Generally, attorney fees are not awarded in small claims court cases, as the Maryland Courts website notes that the court considers “simplicity and informality [to] be the main objectives of small claims court.” However, there are a few situations in which attorney fees are awarded. For instance, if you prevail in your case and you have a contract or a written lease which states that the other party must pay for your attorney’s fees, then the court might grant your request for attorney fees — provided that you can prove that the other person is responsible for the fees according to the contract or lease. In addition, Maryland courts do also allow attorney fees in certain cases that involve consumer protection or debt collection. If you are a consumer who has been wronged by a business — such as a company misrepresenting the quality of a product — then you may be able to successfully request attorney fees in a small claims court case. It’s important to note that small claims court cases are typically designed to be less formal than other types of court cases. As a result, the court may not be inclined to award attorney fees — even in situations where the other party is obligated to pay them. Therefore, if you are considering bringing a case to small claims court, it is in your best interests to familiarize yourself with the court’s rules and procedures. Be sure to review any contracts that may be relevant to your case, as well as any applicable state laws. Also, you may want to consult with a qualified attorney to help ensure that you have the best chance of successfully requesting attorney fees in a small claims court case.
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