Connecticut General Statutes/Title 52/Chapter 901/Section 52-251a

CGS § 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.

Short History

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

Long History

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.

Citations

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

Cited. 12 CA 353. Standard of review of award of attorney's fees discussed; 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; section expressly limits recovery to reasonable fees, not the amount that was actually expended. 61 CA 60. 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. Essential elements of section enumerated; section contains no requirement for a finding of identifiable misconduct warranting application thereof; whether to award attorney's fees and costs pursuant to section is a matter left to the sound discretion of the trial court. 161 CA 525. Defendants' decision to transfer case to the regular docket in order to file counterclaims seeking damages in excess of five thousand dollars rather than leave matter on the small claims docket and forgo raising the counterclaims was not involuntary and, therefore, rendered section applicable. 167 CA 36.

Cited. 33 CS 609. Court abused its discretion by awarding “reasonable attorneys' fees” of $300 after finding at least 50 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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