How long after a case has been decided can winner ask to recover legal fees?

UPDATED: Feb 23, 2012

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How long after a case has been decided can winner ask to recover legal fees?

I lost a restraining order case and have been ordered to stay away from someone for 3 years. They neglected to ask for legal fees and there was no order for me to pay legal fees after the judgement was entered. Can my opponent still ask for legal fees for the case that was already decided? Is there a statue of limitations on how long they have to recover legal fees, or is it to late because they forgot to check the box on the complaint asking for legal fees if they won.

Asked on February 23, 2012 under Criminal Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Most states have statutes stating that a party who prevailed in an action has a certain period of time to seek attorney's fees and costs after notice of entry of judgment or an order is sent to all parties.

As a general rule, the time period to seek such fees and costs is within 15 days after the notice of the order/judgment is sent by the court clerk to all parties.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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