Winning a Debt Defense Case
If you win your case against the entity suing you, THEY PAY YOUR ATTORNEY’S FEES in the following circumstances:
1. You’ve been sued and you hired an attorney.
- You must have actually hired an attorney, the court will not award attorney’s fees to an unrepresented individual.
2. The Contract or Terms & Conditions has a section that states they get attorney’s fees if they win the case.
- The majority of credit card and auto loan agreements contain such a clause.
- This above section does not necessarily apply to credit card cases in all jurisdictions in Florida, but it does apply to the 2nd District, which includes the Tampa Bay Area.
3. You are the prevailing party in the case.
- Naturally, the definition of “Prevailing Party” can be argued, but it includes instances where we win a trial, we win a dispositive motion, and in most instances, where they decide to dismiss the case.
This is not an all-inclusive list of the nuances involved with recovering attorney’s fees from the losing party, but it shows you the potential risk they incur when you have an attorney representing you.
Bernhardt Riley is extremely knowledgeable and experienced in debt defense cases and, knowing this, the company suing you is likely to avoid the risk of paying attorney’s fees. Thus, Bernhardt Riley always aims to have the amount you pay in lawyer fees (if anything) and to the plaintiff (if anything) is substantially less than what you could negotiate on your own.