Is a seller entitled to recovery of attorneys fees, costs and interest?
The general rule in American law is that a party is not entitled to attorneys’ fees and costs unless they are provided for by law or the parties’ contract. The PACA statute does not provide for attorneys’ fees. A seller may contract for payment of attorneys’ fees and costs by making these costs and fees another term of the contract between the parties. United States District Courts have recently upheld the award of attorneys’ fees to PACA litigants when the provision for attorneys’ fees is listed on the invoice. Attached as Exhibit “D” is attorney fee and other language recommended for invoices.
Related Questions
- Is a seller entitled to reimbursement of its attorneys, fees from other PACA trust creditors who attempt to "free ride" on the trust enforcement action?
- How will the Court determine the attorneys fees and reimbursement of costs for Class Counsel?
- Is a seller entitled to recovery of attorneys fees, costs and interest?
