Can I request attorney fees in a small claims court case?
In Rhode Island Small Claims Court, you can request attorney fees following a court ruling. It is important to note that attorney fees are only awarded under certain circumstances and are not awarded in all cases. Additionally, attorney fees are not awarded to the original party who filed the claim, they are only awarded to the prevailing party. When attorney fees are authorized by the court, they are typically limited to a certain percentage of the total amount awarded to the prevailing party. In Rhode Island, attorney fees are capped at 10% of the award. It is also important to note that an attorney fees request must be included in the complaint that is filed in court. If the prevailing party does not make a request for attorney fees in their complaint, then they will not be authorized by the court. Lastly, requests for attorney fees must be supported by evidence that shows the reason the attorney fees were necessary. This means that you are required to provide detailed information and evidence that proves why you were required to hire an attorney. With that being said, it is always strongly recommended that you consult an experienced attorney who can help advise you on any potential attorney fees requests.
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