Quote Quoting nirty28
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2. How likely is it for the Judge will award the plaintiff lawyer and court fees? My primary argument against that is (a) the plaintiff should have filed the charge with the Small Claims court instead, where court fee and lawyer fees would have been much lower, and (b) for the court to deter people from filing lawsuits of worthless amounts like $500.
The rule in Texas is not like most other states. In most states, in a contract lawsuit, each side pays its own attorney’s fees unless the contract says the loser pays the winner’s legal fees. But in Texas, it is the reverse. So in Texas, unless the contract says otherwise, if you lose a contract dispute the court is likely to award the winner its reasonable attorney’s fees. Note that the argument that plaintiff should have chosen a different forum won’t fly — it is the right of the plaintiff to choose the forum.