Legal Question in Civil Litigation in Washington

day use fee

If someone can tell me if there is a administrative procedure to go Thur before you can bring a small claims suit against a Skamania county deputy for violating a no trespassing sign that states there is a day use fee. I was informed that I cant bring criminal charges against them but I can bring a civil suit against them but I need to know if there is a procedure I have to go Thur first before I bring a small claims case against them so any information anybody can give me I would gladly take it


Asked on 12/19/06, 11:54 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: day use fee

Please slow down, you are heading into expensive territory!

Your question suggests that you would do well to consult with an attorney before taking any further action.

Small claims courts do not have jurisdiction to award damages for tresspass against a police officer. Small claims courts are for disputes over money damages in an amount less than $4000.00. Usually this is a homeowner unsatisfied with a contractor, or something similar.

First, you have to quantify your damages. How have you been damaged? How much did it cost you out of pocket? How do you prove that your damages were proximately caused by a deputy's conduct? Is the deputy legally obligated to have a duty towards you? I cannot tell from your question.

If what you are claiming is a Federal Sec. 1983 claim, (civil rights) you need to be in Federal court.

You say "I was informed" but you don't say by whom you were informed.

Counties/cities usually have a "Notice of claim" that you have to submit and give them 60 days notice of your intent to file suit against them.

Then, you have to wait 60 days before filing anything. And the small claims court cannot consider your claim against them, because they are a municipality and cannot appear in small claims because lawyers are not allowed there.

I would strongly suggest that you find and retain local counsel to discuss the basis for your proposed suit, before you get hit with paying the other side's attorney fees for filing a frivolous suit. (That's a term of art, not an insult.)

Hope this helps. Powell

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Answered on 12/20/06, 1:16 pm


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