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

In Massachusetts, requesting attorney fees in small claims court is typically not allowed. The Massachusetts Small Claims Court exists primarily to provide an accessible process for citizens to file certain civil disputes when the amount in question is generally under $7,000. The purpose of this court is to allow individuals to be able to represent themselves without the help of an attorney. Small claims court does not allow for the recovery of attorney fees and generally disputes are resolved without attorneys present. If the dispute involves a contract and an attorney was hired to create the contract, the attorney fee may be allowed. The judge will typically consider the provisions of the contract and decide whether the contract involved attorney fees and if they are reasonable in the case. When the dispute does not involve a contract, attorney fees are rarely approved. If the dispute is awarded in favor of the plaintiff, the plaintiff can pursue collection of the judgment by garnishing wages, or levying on assets. In the case of the defendant being ordered to reimburse the attorney fees, the judge can award the fee to the plaintiff if it is reasonable. In Massachusetts, it is important to remember that small claims court exists to provide an accessible process for citizens to file certain civil disputes without the need for an attorney. As such, the court typically does not approve requests for attorney fees.

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

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