If I’ve filed suit pro se and lose, will I have to pay the other party’s court costs?
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If I’ve filed suit pro se and lose, will I have to pay the other party’s court costs?
I’ve had to file Pro Se as I have been unable to find an attorney. Aside from filing fees, are there any other court fees that I will be expected to pay? And as stated above, what if I lose? Will they come after me for their court costs?
Asked on February 5, 2019 under Employment Labor Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
In something like 95 -98% of cases, each party pays its own legal fees--so that the loser does not have to pay the winner's legal fees. Generally, one party needs to pay the other's legal fees only when:
1) There is a contract between them stating that in the event of litigation, the losing party pays the attorneys fees for the prevailing party.
2) There lawsuit involves one of a small number of statues which require the payment of legal fees. (Employment discrimination lawsuit may involve this, for example.)
3) One of the parties can be shown to have raised completely frivolous or baseless claims or defenses (i.e. ones without any real support or grounds) and so unnecessarily caused the other side to expend money in litigation.
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