Whenever the plaintiff prevails in a small claims matter which was transferred to the regular docket in the Superior Court on the motion of the defendant, the court may allow to the plaintiff his costs, together with reasonable attorney's fees to be taxed by the court.
(P.A. 73-52; P.A. 74-183, S. 167, 291; P.A. 76-436, S. 146, 681.)
History: P.A. 74-183 replaced circuit court with court of common pleas, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978.
Cited. 206 C. 542; 216 C. 85; 220 C. 162.
Cited. 12 CA 353. Standard of review of award of attorney's fees discussed; court did not abuse its discretion in determining that $3,500 covered reasonable attorney's fees in case where plaintiff's small claims action was for the payment of $2,500 in promised bonuses and plaintiff requested $20,874 in attorney's fees; section expressly limits recovery to reasonable fees, not the amount that was actually expended. 61 CA 60. Pro se litigants are not entitled to attorney's fees. 79 CA 366. Trial court award of attorney's fees to plaintiff upheld in matter that originated in small claims session but was ultimately transferred to complex litigation docket; purpose of statute is to deter defendants from transferring a case from small claims session and turning a relatively clear cut case into a pitched legal battle. 87 CA 687. Does not require that a party be more sophisticated than the opposing party or that a party prevail on every claim. 95 CA 652. Essential elements of section enumerated; section contains no requirement for a finding of identifiable misconduct warranting application thereof; whether to award attorney's fees and costs pursuant to section is a matter left to the sound discretion of the trial court. 161 CA 525. Defendants' decision to transfer case to the regular docket in order to file counterclaims seeking damages in excess of five thousand dollars rather than leave matter on the small claims docket and forgo raising the counterclaims was not involuntary and, therefore, rendered section applicable. 167 CA 36.
Cited. 33 CS 609. Court abused its discretion by awarding “reasonable attorneys' fees” of $300 after finding at least 50 hours of preparation were required and that reasonable rate of compensation for legal services at that time was $40 per hour. 36 CS 619. Cited. 37 CS 574; Id., 873.
Notes of Decisions
Krack v. Action Motors Corp., 867 A.2d 86 (Conn. App. Ct. 2005).
· cites it 24× “The court stated that this case "provide[d] a perfect justification for [General Statutes § 52-251a]." [13] The defendant claims that the court's unwarranted animosity was the driving force behind its excessive award of attorney's fees and that it actually was the plaintiff who…”
Comput. Reporting Servs., LLC v. Lovejoy & Assocs., LLC, 145 A.3d 266 (Conn. App. Ct. 2016).
· cites it 15× “64 in attorney's fees pursuant to General Statutes § 52-251a ; (6) rejected the defendants' counterclaims, which alleged slander, abuse of process, and violation of the Fair Debt Collection Practices Act, 15 U.”
Rana v. Terdjanian, 46 A.3d 175 (Conn. App. Ct. 2012).
· cites it 7× “In particular, the defendant suggests that the plaintiff had sought attorney’s fees pursuant to only § 52-192a, which limits the award of attorney’s fees to $350, and that the court erred in awarding attorney’s fees pursuant to General Statutes § 52-251a.”
Costanzo v. Mulshine, 893 A.2d 905 (Conn. App. Ct. 2006).
· cites it 13× “1 General Statutes § 52-251a provides: “Whenever the plaintiff prevails in a small claims matter which was transferred to the regular docket in the Superior Court on the motion of the defendant, the court may allow to the plaintiff his costs, together with reasonable attorney’s…”
Petti v. Balance Rock Assocs., 530 A.2d 1083 (Conn. App. Ct. 1987).
· cites it 5× “udgment based on nonpayment of rent; (3) whether the trial court erred in refusing to admit into evidence the defendant’s exhibit regarding costs incurred in the summary process action, and in failing to apply the amount reflected in said exhibit as a setoff to the plaintiff’s…”
Orselet v. DeMatteo, 539 A.2d 95 (Conn. 1988).
· cites it 3× “The majority opinion excuses the failure of the defendants to voice their objection in the small claims action on the ground that they might have subjected themselves to liability for counsel fees pursuant to General Statutes § 52-251a 1 if the plaintiff in the small claims…”
Forastiere v. Higbie, 897 A.2d 722 (Conn. App. Ct. 2006).
· cites it 6× “The court later awarded the plaintiffs $13,640 in attorney’s fees, pursuant to General Statutes § 52-251a. 1 The defendants then filed this appeal.”
Freeman v. A Better Way Wholesale Autos, Inc., 213 A.3d 542 (Conn. App. Ct. 2019).
· cites it 4× “The Appellate Court concluded that the court had erred in its "consideration of the disputed amount as a gauge for the proper amount of attorney's fees"; id.”
Murallo v. United Builders Supply Co., 190 A.3d 969 (Conn. App. Ct. 2018).
· cites it 8× “3 In addition, the plaintiff sought attorney's fees pursuant to General Statutes § 52-251a 4 in the seventh count of the operative complaint.”
L & R Realty v. Connecticut Nat'l Bank, 732 A.2d 181 (Conn. App. Ct. 1999).
· cites it 2× “, General Statutes § 52-251a (attorney’s fees awarded on small claims matter transferred to regular docket); or as an aspect of punitive damages.”
Dunn v. Peter L. Leepson, P.C., 830 A.2d 325 (Conn. App. Ct. 2003).
· cites it 3× “On appeal, the plaintiffs claim that the court improperly (1) construed the retainer agreement entered into by the parties, (2) found for the defendant on their legal malpractice and negligence claims, (3) awarded $4000 to the defendant as the fair value of its legal services,…”
Doe v. State, 579 A.2d 37 (Conn. 1990).
· cites it 2× “See also General Statutes § 52-251a (allowing attorneys’ fees in a small claims matter transferred to regular docket); § 52-249 (allowing attorneys’ fees in an action for foreclosure).”
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