Attorney’s Fees

"(4) In an action in which the lessee claims unconscionability with respect to a consumer lease:

(a) If the court finds unconscionability under subsection (1) or (2) of this section, the court shall award reasonable attorney's fees to the lessee.

(b) If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he or she knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made.

(c) In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) of this section is not controlling. (Va. Code Ann § 8.2A-108)

A. If interest in excess of that permitted by an applicable statute is paid upon any loan, the person paying may bring an action within two years from the first to occur of: (i) the date of the last scheduled loan payment or (ii) the date of payment of the loan in full, to recover from the person taking or receiving such payments:

1. The total amount of the interest paid to such person in excess of that permitted by the applicable statute;

2. Twice the total amount of interest paid to such person during the two years immediately preceding the date of the filing of the action; and

3. Court costs and reasonable attorney fees. (Va. Code Ann § 6.2-305)"

Virginia generally adheres to the “American Rule,” so that “attorney's fees are not recoverable by a prevailing litigant in the absence of a specific contractual or statutory provision to the contrary.” Ryder v. Petrea, 243 Va. 421, 416 S.E.2d 686, 1992 Va. LEXIS 33, 8 VLR 2761 (1992). Comment: The general principal in Virginia is that each party pays for his own attorney. Courts will enforce contractual provisions concerning the recovery of costs and attorney’s fees.