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Are we liable for Attorney's fees?

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1 Are we liable for Attorney's fees? on Sat Sep 17, 2016 3:02 am


Arresto Menor
My uncle was alleged to bump a vehicle, we only knew upon receiving a demand letter from the complainant's lawyer. So to clarify, I went with my aunt and ask the real story. My aunt dont know who to believe, and just agreed to settle it since anyway there was insurance. Thereafter, the insurance facilitate the repair of complainants car. Now, we ask the complainant to sign the quitclaim but complainant refuse to sign as she is asking for my aunt to pay the lawyer she engage in writing the demand letter. But as I know, attorney fees can be claim only under Art 2208 of Civil Code. I believe our case does not fall into any of the grounds. She was not compelled to litigate. There was no case filed yet as my aunt settled it as soon as possible. It was her decision to engage a lawyer, she could have just called my aunt herself as she got the contact number and address from LTO. Is my contention correct or is it right that my aunt should also pay attorney fees?

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2 Re: Are we liable for Attorney's fees? on Mon Sep 19, 2016 3:09 am


Arresto Menor
Yes. you are correct on basing Art. 2208 based on your facts. It was her decision to get a lawyer anyway, she wasn't even compelled to file a case to protect her right since your aunt didn't even refused to pay when there she demanded payment.

so there is no reason as to why she would ask for atty fees since it was her discretion anyway to hire a lawyer.

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3 Re: Are we liable for Attorney's fees? on Fri Sep 23, 2016 9:28 pm


Arresto Menor
Thank you so much for answering. Smile

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