Attorney’s Fees Clauses

If a retail installment contract or evidence of indebtedness provides for attorney's fees, the contract or evidence of indebtedness must also provide that reasonable attorney's fees be awarded to the buyer, borrower or debtor if he prevails in any action, suit or proceeding brought by the retail seller, lender, creditor; buyer, borrower or debtor. If a buyer, borrower or debtor successfully asserts a partial defense or set-off, recoupment or counterclaim to an action brought by the retail seller, lender or creditor, the court may withhold from the retail seller, lender or creditor the entire amount or such portion of the attorney fees as the court considers equitable.N.H. Rev. Stat. Ann § 361-C:2

New Hampshire courts will enforce contractual provisions providing for the payment of attorney’s fees. Downeast Energy Corp. v. Frizzell, 2011 N.H. Lexis 102, 5. (N.H. 2011). However, New Hampshire courts will not infer that the parties intended to award attorney’s fees unless their intentions are unmistakably clear. Kessler v. Gleich, 13, A.3d 109, 114 (N.H. 2010).