Can you be sued for attorney fees if the plaintiff dropped the case? 5 Answers as of January 27, 2014

I was being sued by HOA but they vacated to case. Can they still charge me attorney fees related to that case?

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Stacy Joel Safion, Esq.
Stacy Joel Safion, Esq. | Stacy Joel Safion
No, they cannot.
Answer Applies to: California
Replied: 1/27/2014
Janke Legal Consulting | Bruce C. Janke
No. The HOA would have had to win the case and get a judgment against you that included attorney's fees.
Answer Applies to: California
Replied: 1/27/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
Check your HOA CC&Rs and Bylaws. Usually, the prevailing party is entitled to attorneys' fees, but where a case is dropped it would be a little out of the ordinary.
Answer Applies to: California
Replied: 1/27/2014
Durham Jones & Pinegar | Erven Nelson
No. Attorney's fees are awarded to the prevailing, or winning, side. If the plaintiff dropped the case it did not win anything and should not be entitled to attorney's fees.
Answer Applies to: Nevada
Replied: 1/27/2014
Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
As a general rule attorney fees are part of the overall award to the prevailing party. Because there was no award in your case, the POA should not be able to collect from you. However if POA agreement has a different provision, you may have fees to pay. You should have an attorney read the agreement and advise you.
Answer Applies to: Arkansas
Replied: 1/27/2014
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