Sec. 42-150bb. Attorney's fees in action based on consumer contract or lease.
Sec. 42-150bb. Attorney's fees in action based on consumer contract or lease.
Whenever any contract or lease entered into on or after October 1, 1979, to which a
consumer is a party, provides for the attorney's fee of the commercial party to be paid
by the consumer, an attorney's fee shall be awarded as a matter of law to the consumer
who successfully prosecutes or defends an action or a counterclaim based upon the
contract or lease. Except as hereinafter provided, the size of the attorney's fee awarded
to the consumer shall be based as far as practicable upon the terms governing the size
of the fee for the commercial party. No attorney's fee shall be awarded to a commercial
party who is represented by its salaried employee. In any action in which the consumer
is entitled to an attorney's fee under this section and in which the commercial party is
represented by its salaried employee, the attorney's fee awarded to the consumer shall
be in a reasonable amount regardless of the size of the fee provided in the contract or
lease for either party. For the purposes of this section, "commercial party" means the
seller, creditor, lessor or assignee of any of them, and "consumer" means the buyer,
debtor, lessee or personal representative of any of them. The provisions of this section
shall apply only to contracts or leases in which the money, property or service which
is the subject of the transaction is primarily for personal, family or household purposes.
(P.A. 79-453.)
Cited. 208 C. 256. Cited. 231 C. 707. Cited. 233 C. 304. Cited. 240 C. 58. Trial court's award of attorney's fees to
defendant reversed where defendant had not filed a motion for attorney's fees pursuant to Practice Book Sec. 11-21. Court
concluded that the proper procedural vehicle for requesting award of attorney's fees under this section is a motion for
attorney's fees filed pursuant to Practice Book Sec. 11-21, not a bill of costs filed pursuant to Practice Book Sec. 18-5.
282 C. 418.
Cited. 14 CA 161. Motion for attorney's fees timely and proper when filed shortly after successful defense of claims.
57 CA 189. Before court may act on motion for counsel fees it must determine whether contract was one in which the
money, property or service which is the subject of the transaction is primarily for personal, family or household purposes.
78 CA 582.
"Prevailing party" as used in lease in question and the statute includes defendants in cases that are withdrawn. 41 CS 417.