Sec. 52-251a. Costs, attorney's fees on small claims matter transferred to regular docket. - Connecticut Statutes

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Statutes > Connecticut > Title52 > Chap901 > Sec52-251a

      Sec. 52-251a. Costs, attorney's fees on small claims matter transferred to regular docket. Whenever the plaintiff prevails in a small claims matter which was transferred to the regular docket in the Superior Court on the motion of the defendant, the court may allow to the plaintiff his costs, together with reasonable attorney's fees to be taxed by the court.

      (P.A. 73-52; P.A. 74-183, S. 167, 291; P.A. 76-436, S. 146, 681.)

      History: P.A. 74-183 replaced circuit court with court of common pleas, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978.

      Cited. 206 C. 542. Cited. 216 C. 85. Cited. 220 C. 162.

      Cited. 12 CA 353. Standard of review of award of attorney's fees discussed. 61 CA 60. Court did not abuse its discretion in determining that $3,500 covered reasonable attorney's fees in case where plaintiff's small claims action was for the payment of $2,500 in promised bonuses and plaintiff requested $20,874 in attorney's fees. Id. Section expressly limits recovery to reasonable fees, not the amount that was actually expended. Id. Pro se litigants are not entitled to attorney's fees. 79 CA 366. Trial court award of attorney's fees to plaintiff upheld in matter that originated in small claims session but was ultimately transferred to complex litigation docket. Purpose of statute is to deter defendants from transferring a case from small claims session and turning a relatively clear cut case into a pitched legal battle. 87 CA 687. Does not require that a party be more sophisticated than the opposing party or that a party prevail on every claim. 95 CA 652.

      Cited. 33 CS 609. Court abused its discretion by awarding "reasonable attorneys' fees" of $300 after finding at least fifty hours of preparation were required and that reasonable rate of compensation for legal services at that time was $40 per hour. 36 CS 619. Cited. 37 CS 574; Id., 873.

State Codes and Statutes

Statutes > Connecticut > Title52 > Chap901 > Sec52-251a

      Sec. 52-251a. Costs, attorney's fees on small claims matter transferred to regular docket. Whenever the plaintiff prevails in a small claims matter which was transferred to the regular docket in the Superior Court on the motion of the defendant, the court may allow to the plaintiff his costs, together with reasonable attorney's fees to be taxed by the court.

      (P.A. 73-52; P.A. 74-183, S. 167, 291; P.A. 76-436, S. 146, 681.)

      History: P.A. 74-183 replaced circuit court with court of common pleas, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978.

      Cited. 206 C. 542. Cited. 216 C. 85. Cited. 220 C. 162.

      Cited. 12 CA 353. Standard of review of award of attorney's fees discussed. 61 CA 60. Court did not abuse its discretion in determining that $3,500 covered reasonable attorney's fees in case where plaintiff's small claims action was for the payment of $2,500 in promised bonuses and plaintiff requested $20,874 in attorney's fees. Id. Section expressly limits recovery to reasonable fees, not the amount that was actually expended. Id. Pro se litigants are not entitled to attorney's fees. 79 CA 366. Trial court award of attorney's fees to plaintiff upheld in matter that originated in small claims session but was ultimately transferred to complex litigation docket. Purpose of statute is to deter defendants from transferring a case from small claims session and turning a relatively clear cut case into a pitched legal battle. 87 CA 687. Does not require that a party be more sophisticated than the opposing party or that a party prevail on every claim. 95 CA 652.

      Cited. 33 CS 609. Court abused its discretion by awarding "reasonable attorneys' fees" of $300 after finding at least fifty hours of preparation were required and that reasonable rate of compensation for legal services at that time was $40 per hour. 36 CS 619. Cited. 37 CS 574; Id., 873.

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State Codes and Statutes

Statutes > Connecticut > Title52 > Chap901 > Sec52-251a

      Sec. 52-251a. Costs, attorney's fees on small claims matter transferred to regular docket. Whenever the plaintiff prevails in a small claims matter which was transferred to the regular docket in the Superior Court on the motion of the defendant, the court may allow to the plaintiff his costs, together with reasonable attorney's fees to be taxed by the court.

      (P.A. 73-52; P.A. 74-183, S. 167, 291; P.A. 76-436, S. 146, 681.)

      History: P.A. 74-183 replaced circuit court with court of common pleas, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978.

      Cited. 206 C. 542. Cited. 216 C. 85. Cited. 220 C. 162.

      Cited. 12 CA 353. Standard of review of award of attorney's fees discussed. 61 CA 60. Court did not abuse its discretion in determining that $3,500 covered reasonable attorney's fees in case where plaintiff's small claims action was for the payment of $2,500 in promised bonuses and plaintiff requested $20,874 in attorney's fees. Id. Section expressly limits recovery to reasonable fees, not the amount that was actually expended. Id. Pro se litigants are not entitled to attorney's fees. 79 CA 366. Trial court award of attorney's fees to plaintiff upheld in matter that originated in small claims session but was ultimately transferred to complex litigation docket. Purpose of statute is to deter defendants from transferring a case from small claims session and turning a relatively clear cut case into a pitched legal battle. 87 CA 687. Does not require that a party be more sophisticated than the opposing party or that a party prevail on every claim. 95 CA 652.

      Cited. 33 CS 609. Court abused its discretion by awarding "reasonable attorneys' fees" of $300 after finding at least fifty hours of preparation were required and that reasonable rate of compensation for legal services at that time was $40 per hour. 36 CS 619. Cited. 37 CS 574; Id., 873.