Details Civil Litigation

Detailed Information Regarding Civil Litigation Matters

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In NC, as in most states, each party in a law suit must bear the expenses of their attorney fees with some exceptions.  One exception is if it is agreed upon in writing.  Therefore, if you are a business providing products or services for promise to pay later, you should always have a written agreement which provides for the payment of attorney fees if litigation is necessary.  However, in most cases the attorney’s fees are limited to 15% of the amount recovered.  This is provided by statute but it could be less depending on what is reasonable.

In certain circumstances, such as in claims for fraud or unfair and deceptive trade practices, additional attorney’s fees can be awarded and sometimes punitive or trebled damages.

As with all claims, there are strict time limitations.  If you feel you have a claim against another person or business entity, you should immediately consult with an attorney to discuss your situation so that your important rights will not be lost.