§ 724.080.Attorney's Fees to Prevailing Party
Title 9. Enforcement of Judgments · Division 5 · Chapter 1. Satisfaction of Judgment · Enacted 1982 · no amendments on record · Last verified July 28, 2026
Full Text of § 724.080
Plain-English Summary
This fee-shifting rule gives teeth to the demand and enforcement procedures in this chapter. Whether the proceeding is the noticed motion described in § 724.050, an action for damages under § 724.070, or any other action or proceeding maintained under this chapter, the court must award reasonable attorney's fees to whichever side prevails.
Because the award goes to the prevailing party rather than automatically to the debtor, this section cuts both ways — a creditor who successfully defends against an unfounded demand can also recover fees. That mutual exposure is part of what keeps both sides honest about whether a judgment has truly been satisfied before either side goes to court over it.
Frequently Asked Questions
Who gets attorney's fees in a dispute under this chapter?
Whichever party prevails — the statute is not one-sided in the debtor's favor.
Is the fee award discretionary?
No. Section 724.080 requires the court to award reasonable attorney's fees to the prevailing party.
Does this fee-shifting rule apply to the demand procedure in § 724.050?
Yes, since proceedings on that demand, including the noticed motion, are actions or proceedings maintained pursuant to this chapter.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.