How is it that a defendant can sue for attorney fees but a plaintiff can't? 8 Answers as of October 07, 2014

I was taking the defendant to small claims but, they had it removed to civil court. Their stating their LLC does that mean they can't be sued for the damages? And can they use the LLC for a legal defense?

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Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
It means you were dealing with a corporation and they have the right to have their attorney represent them in court.
Answer Applies to: Michigan
Replied: 10/7/2014
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Not enough information If you, as Plaintiff in a civil case, file a law suit and win at trial, you are entitled to whatever the jury (or judge) determine as your losses, together with taxable costs, interest and attorney fees. If there is a Case Evaluation (under Michigan law), and you do NOT accept the award, and then get a verdict of 10% or more less than that award, then you have to pay the Defendant's ACTUAL attorney fees from the time of the Case Evaluation through the trial. If your situation does not fit into either of theses, then it is because you haven't given enough information.
Answer Applies to: Michigan
Replied: 10/7/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
You can sue for attorney fees, IF you hire a lawyer. You may have to sue the LLC.
Answer Applies to: Michigan
Replied: 10/7/2014
Downriver Injury and Auto Law | Michael Heilmann
An LLC can be sued. Attorney fees can be a contract. There are generally not recoverable unless there is a statute that provides it, or a contract that specifies it.
Answer Applies to: Michigan
Replied: 10/6/2014
Law Offices of Ezra N. Goldman
Law Offices of Ezra N. Goldman | Ezra Goldman
Anyone can remove a case from small claims to civil it is an automatic right. Generally, neither party can get attorney fees unless there is a contract that says they can.
Answer Applies to: Michigan
Replied: 10/6/2014
    VALENTE SCHARG & ASSOCIATES | DEAN VALENTE
    An LLC is a business entity like being incorporated. It has nothing to do with their lawyer but understand that pretty much any entity other than an individual or sole proprietorship is required under Michigan law to be represented by an attorney. An LLC cannot appear in small claims court because attorneys cannot practice in small claims so they asked for an automatic removal to general civil division of the court.
    Answer Applies to: Michigan
    Replied: 10/6/2014
    Hamblin Law Office | Sally Hamblin
    They bounced it from small claims so an attorney can get involved in their representation. LLC is limited liability corporation which means generally that the owner personally cannot be sued. There are exceptions depending on all legal issues.
    Answer Applies to: Michigan
    Replied: 10/6/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You clearly need to speak with an attorney with the details.
    Answer Applies to: Michigan
    Replied: 10/6/2014
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