Legal Topics

Attorney’s fees — Debt collection — Credit card debt — Mutuality or reciprocity of obligation

May 15th, 2019 in News by admin

Attorney’s fees — Debt collection — Credit card debt — Mutuality or reciprocity of obligation — Where credit card agreement pursuant to which trial court awarded attorney’s fees to

defendant under reciprocity provision of section 57.105(7) contains choice of law provision agreeing that its terms will be governed by South Dakota law, South Dakota law applies to fee issue, and trial court erred in awarding fees under Florida statute — South Dakota law, which does not provide reciprocal right to fees provided for in contracts, does not contravene public policy of Florida so as to invalidate choice of law provision — Further, because attorney’s fees are not costs under agreement, trial court erred in awarding attorney’s fees as costs under small claims rule 7.110(d)