Q&A: Recovering Attorney Fees When Filing a Lawsuit

Explore:  Attorney's Fees

Q:  My neighbor agreed to pay for half of our new shared fence, but now he will not pay. He owes me $1,000. If I have to sue him, can I recover my attorney fees?

A:  Yes, as long as you win the case and follow a couple simple rules. Under ORS 20.082, a court must award reasonable attorney fees to you once you prevail on the claim if (1) the amount owed is less than $10,000 and (2) you serve a written demand for payment on your neighbor at least 20 days before you file the lawsuit.

Originally published in the Portland Business Journal.

Topics:  Attorney's Fees

Published In: Civil Remedies Updates, Residential Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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