Q&A: Recovering Attorney Fees When Filing a Lawsuit

andrea-coit-smby Andrea Coit

Q:  My neighbor agreed to pay for half of our new shared fence, but now he will not pay. He owes me $1,000. If I have to sue him, can I recover my attorney fees?

A:  Yes, as long as you win the case and follow a couple simple rules. Under ORS 20.082, a court must award reasonable attorney fees to you once you prevail on the claim if (1) the amount owed is less than $10,000 and (2) you serve a written demand for payment on your neighbor at least 20 days before you file the lawsuit.

 

Originally published in the Portland Business Journal.