Some others might have better knowledge on this than me, but it is my understanding that you cannot collect legal fees in a court proceeding like this unless it goes to an appeal and then in that case, you can collect them but only if you win. That is what I was told as to how it is here in SD. I won my court case but couldn't collect a dime in expenses because the decision never got appealed. As far as small claims court goes, if they wanted to take it to a trial judge, they could move it out of small claims anyway. It just costs a little more but you can be represented by your attorney, meaning $$$$.
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