Q: Can a attorney add his fees to an outstanding invoice to have it go above the $5,200/limit for small claims court?
I owe a S corporation $4,193 as of June 30, 2023. Their out of state attorney claims I owe them $5,200, thereby exempting them from small claims and exposing me to his fees on top of the $5,200. Is this legal?
A: It might be legal. Lawsuits often seek an award of attorney fees, when lawyer fees are provided for in a contract or by a governing statute.
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A: Under California law, an attorney cannot artificially inflate the amount of a claim to bypass the small claims court limit. If the original debt you owe is $4,193, the attorney cannot add their fees to make it $5,200 solely for the purpose of avoiding small claims court. Such actions may be considered unethical or a violation of the law. You may want to consult with an attorney to discuss the specifics of your situation and explore your options for resolving this matter.
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