Legal Question in Civil Litigation in Washington

Counter Claim in Small Claims

I am a defendant in an upcoming small claims case. Will I be able to announce a counter claim on the date of my hearing or do I need to file in advance? I am out of state but will travel to Spokane just to attend this hearing. What costs can I ask for if I prevail as the defendant. What costs can I ask for if I successfully get the case dismissed? I was a resident of Washington state when I was served, however the plaintiff knew I was moving to Oregon. Plaintiff lives in California but is suing me for alleged back rent in Washington.

Thank you.


Asked on 3/15/06, 9:36 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Counter Claim in Small Claims

It is really hard to give legal advice without reading the claim in question and without seeing the underlying contract.

I *can* tell you that there is no basis upon which you can announce a counterclaim in court the day of trial. You need to give proper notice of your claim so the other party has a chance to respond. Contact the court for forms and deadlines. Or, you can review the rules contained in RCW 12 regarding small claims.

Your other option is to retain counsel. Yes, I know that lawyers are not allowed in small claims, but the lawyer can remove the case from small claims so they can appear for you.

If you lose you will be required to pay whatever the plaintiff can prove you owe. If you win, you can recover whatever you can prove the plaintiff owes you.

Hope this helps, but I cannot give you answers when I don't know what the question is.

Powell

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Answered on 3/16/06, 1:18 pm


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