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Tennessee small claims question

Discussion in 'Small Claims & Municipal Court' started by Waltjr, Dec 13, 2019.

  1. Waltjr

    Waltjr Law Topic Starter New Member

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    Jurisdiction:
    Tennessee
    In Tennessee small claims court, can attorney fees be awarded to the winner or is that a cost each party has to deal with themself?
     
  2. army judge

    army judge Super Moderator

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    A litigant is allowed to have an attorney represent their interests in a small claims lawsuit in the State of Tennessee.

    The prevailing party in a small claims case isn't permitted to collect attorney's fees from the other party, however.

    If you were to hire an attorney you would be responsible for paying your attorney's fees.
     
  3. flyingron

    flyingron Active Member

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    The only way you can recover legal fees in any Tennessee civil action is when the statute specifically provides for it or the contract specifically allows legal fee recovery (and the state court decisions say this must be specifically and narrowly called out, "costs of the proceedings" or the like isn't sufficient). The kind of cases that allow statutory fee recovery aren't usually heard in small claims (they involve things like child custody matters, etc..).
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I don't know and defer to others. As a matter or rote, if suing pursuant to a breach of contract, determine if there is a contract provision for recovery of attorneys fees in the contract.
     
  5. flyingron

    flyingron Active Member

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