High Tech Diesel, Inc. v. Littleton

Defendants appeal a supplemental judgment awarding attorney fees to plaintiff. They argue that the court erred in awarding plaintiff fees incurred in its defense of their counterclaim. We reverse.

Plaintiff performed repair work on a truck owned by defendants. When defendants did not pay for the service, plaintiff filed a notice of claim of a non-possessory lien on the truck. Plaintiff then filed a complaint to foreclose the lien and obtained an order to recover possession of the truck from defendants. The sheriff seized the truck pursuant to that order.

The parties entered into a stipulation…