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That depends on the state the case is in and the nature of the dispute. As an example, in New Jersey, litigants are responsible for paying their own legal fees whether they win or lose except where a statute or court rule specifically permits an award of counsel fees to the prevailing party or if the court finds that the dismissed action was frivolous or maliciously brought. Unless there is a specific law or rule allowing a prevailing party to recover attorney fees, then the party cannot. Other states can and will have different rules, so one must look to the laws of the state where the litigation took place.

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17y ago

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If a case is dismissed in California can the respondent sue for attorney fees?

You need to consult with the attorney who represented you in the matter. She/he knows what type of case you are referring to, whether attorney's fees are allowed under state laws and the likelihood of your prevailing in a case for attorney's fees.


Do you pay the banks attorney fees for dismissed foreclosure?

In a dismissed foreclosure case, whether you pay the bank's attorney fees typically depends on the terms of your mortgage agreement and state laws. In some jurisdictions, the bank may not be entitled to recover attorney fees if the foreclosure was dismissed without prejudice. However, if the dismissal was due to your actions or agreement, you might be responsible for those fees. It's advisable to consult a legal professional for guidance specific to your situation.


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If your bankruptcy case is dismissed will you be entitled to a refund for the monies that you have already paid?

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