Sec. 42-150bb. Attorney's fees in action based on consumer contract or lease. - Connecticut Statutes

      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.