The judge's gavel and scales as a symbol of the judiciary and justice.

Q. I filed suit in a small claims court against a business. In their answer, the defendants ask the court for attorneys’ fees. I have little money and cannot even afford an attorney. Could the court require me to pay thousands of dollars for the defendant’s attorneys?

A. Whether you can be required to pay the fees charged by the defendant's attorneys depends on the type of case you have brought, whether the business filed a counterclaim, and whether you lose your case.

The default rule in the United States is that attorneys’ fees are not recoverable. However, there are exceptions provided by statute, such as breach of contract claims and Deceptive Trade Practices Act claims. Also, it is possible (although unlikely) that your contract with the business you sued might provide that the losing party pays........

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