Who'd bear the Legal Fee if I'm going to take legal action actions a debtor?

Malaysia
October 14, 2010 3:45am CST
If I decide to pursue debt from a debtor who has defaulted payment via legal action, who would bear the legal fee and trial expenses? The Debtor or me?
1 person likes this
2 responses
@maean_19 (4655)
• Philippines
14 Oct 10
Hi friend! I apologize if I may not be able to help you on this. When I saw your discussion, I want to help you on this. So, I checked on your profile to make sure my advise will apply to you. However, you are from Malaysia and I am afraid if we have different laws applying regarding legal actions on debts. By the way, here in the Philippines, when a creditor files a legal action against his/her debtor for failure to pay his/her debts, the case is a civil liability, hence an action for "collection for sum of money". Initially, the creditor has to pay for the fees, but in his/her action, he can pray and claim for Attorney's fees and other legal fees or expenses aside from the debt which has to be claimed. Therefore, it is of course will be refunded or reimbursed to you after. The above is applicable here in the Philippines. I am not sure if we have the same applying rules.
• Malaysia
15 Oct 10
Thank you very much for your attention. I'd try to seek for local's advise in this case. Just out of curiosity, is that means if the creditor wins the trial (in Philippines), debtor would have to bear all the cost as well?
@maean_19 (4655)
• Philippines
15 Oct 10
Precisely, my friend. In your complaint, all legal fees or expenses and attorney's fees borne by you will be prayed for. Hence, when the court decides in your favor, all your claims will be given back with interest. Unfortunately, that is Philippine law. Ask a legal advise there on your location my friend. I just hope we have similar laws so that you will be able to get what is indebted to you. Good Luck!
@maezee (41997)
• United States
14 Oct 10
Depends on where you are, really. Do you live in the US? Just out of curiousity. Because if you did, you could probably take them to Small Claims Court, which is a (pretty) low-cost way to get about up to $7500 in collections back. The person who files the claim would be paying the filing fee (it's said about $30-$50) plus different fees. You don't really need a lawyer (few states and places even ALLOW for a lawyer in small claims court) as you can just speak for yourself in front of a claim. Hopefully you have your debtors signature and what he/she owes in writing. I've read that there are other fees to it, too, and can mean a couple hundred dollars. However, perhaps you could put whatever you spend toward what you're sueing this person for - because you had to PAY that much. And hopefully you'd win. But where are you located? Judicial systems are different everywhere...Check out a local government or district court website, they might even have a toll-free number you can call with questions. Good luck & I hope you get your money back!
• Malaysia
15 Oct 10
Thanks for replying, bro. I'm from Malaysia. Hopefully could get some advise from any experience guys here before I consult our local legal firm here.