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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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In a Montana civil case, can the defendant counter sue for lawyer fees. In this case, the

Customer Question

In a Montana civil case, can the defendant counter sue for lawyer fees. In this case, the defendant is incorporated and is required to have an attorney.
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question.

That very much depends. On what grounds is the defendant being sued? Is it a frivolous suit?
Customer: replied 4 years ago.


The company being sued is a rental business. They charged my credit card for damages they say I did on a skid steer that I rented. The damages amount to $633.00.

Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your follow-up.

Got it, and they are claiming that if you file suit against them, they can counter-sue you for their legal fees in defending that suit. To answer your question directly, the company CAN do so, but only if your suit is deemed to be frivolous and/or you lose your claim. Otherwise, if you prevail, that is a rightful suit, and the other party cannot sue you for pursuing them over a wrong that they should have righted in the first place.

Good luck.

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