407.577. Court action by consumer, costs, expenses, attorney's fees, how paid. - Missouri Statutes

Court action by consumer, costs, expenses, attorney's fees, how paid.

407.577. 1. If a consumer undertakes a court action aftercomplying with the provisions of sections 407.560 to 407.579 andfinally prevails in that action, he shall be allowed by the courtto recover as part of the judgment a sum equal to the aggregateamount of costs and expenses, including attorney's fees based onactual time expended, determined by the court to have beenreasonably incurred by the plaintiff for or in connection withthe commencement and prosecution of such action.

2. If any claim by a consumer under sections 407.560 to407.579 is found by a court to have been filed in bad faith, orsolely for the purpose of harassment, or in the absence of asubstantial justifiable issue of either law or fact raised by theconsumer, or for which the final recovery is not at least tenpercent greater than any settlement offer made by themanufacturer prior to the commencement of the court action, thenthe consumer shall be liable for all costs and reasonableattorney's fees incurred by the manufacturer, or its agent, as adirect result of the bad faith claim.

(L. 1984 H.B. 992 § 7)