Reasonable attorney’s fees and costs shall be awarded to the prevailing party in any action on a contract or installment account subject to the provisions of this chapter regardless of whether such action is instituted by the seller, holder or buyer. Where the defendant alleges in his answer that he tendered to the plaintiff the full amount to which he was entitled, and thereupon deposits in court, for the plaintiff, the amount so tendered, and the allegation is found to be true, then the defendant is deemed to be a prevailing party within the meaning of this article.
Retail Installment SalesAttorney’s Fees and Court Costs
Section § 1811.1
If you win a lawsuit related to a contract or installment account, the other side has to cover your reasonable legal fees. This rule applies no matter who started the lawsuit—whether it's the seller, holder, or buyer. If the person being sued claims they paid the full amount owed before the lawsuit and proves it by depositing that amount in court, then they are considered the winner of the case for purposes of getting their legal fees covered.
reasonable attorney's fees prevailing party installment account
