Can I recover my attorneys’ fees from the debtor?

You can recover your attorney’s fees from the debtor if there is a provision in the contract allowing for it or a statute that allows for recovery of attorney’s fees. However, it’s important to remember that so-called recovery of attorney’s fees and actually being paid your attorney’s fees are two different things.

Recovery of attorney’s fees means that any judgement entered in your favor will include the amount of attorney’s fees you’ve incurred in prosecuting the law suit. Of course then, the judgement has to be collected, and we don’t have debtor’s prisons in America.