If i am taken to court ?

Question

if i am taken for court for an issue but the, person who takes me to court loses, can i claim the legal fees i had to pay from that person and would i win? please help

Answer 1

In a civil action, your defence usually asks for the costs back.

The Judge may decide that you get your costs on a party-and-party basis, which means you get a small part of your costs back, or, if he decides that you won a case that never should have been started, he may grant costs on a solicitor-and-client basis, which means you get practically all your costs back.

Or he may pick a number and award that  amount of costs.

Usually, you don't get all your costs back, which is why people try to resolve issues before going to Court.

Answer 2

Yes I think usually they pay your legal if they loose and have taken you to court.  I think though it is not set in stone its subject to the final ruling.

Source: TV legal shows :)

Answer 3

if you win, the looser is responsible for all court costs and if the lawsuit was nonsense, you could counter sue to recover your loses.

Answer 4

It depends.

If it's a criminal matter, no. You cannot recover the legal costs for defending yourself.

If it's a civil matter, you might. Do you have a contract specifying the reparations if the matter ends up in court? If you do, you will follow the terms of the contract. If you don't, you're probably out of luck.

If it's a civil matter (whether you have a contract or not), you have the right to counter-sue. Your counter-suit would sue for expenses relevant to your defense in the original suit. File it before the original suit gets to court and it opens up a negotiation so that you can settle.