Legal Question in Civil Litigation in Washington

Small Claims Court Legal Fees

My neighbor is taking me to small claims court for legal fees she incurred when she got a lawyer to send me several letters.

Essentially, she says a tree I had in my backyard was unsafe and undermined the integrity of her fence. She never provided and proof that it undermined the integrity of anything. She just had concerns. No experts, no nothing.

I removed the tree anyway and life was good.... Until last night when I got a notice of claim from the Small Claims Court. I didn't think you could sue for lawyer's fees in WA except in a few specific cases. Is this true? Is it different because it is small claims and not the Superior Court?

Thanks


Asked on 4/25/05, 9:10 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Small Claims Court Legal Fees

Show up for small claims court; tell the judge (very politely) that you want the Judge to dismiss the action (memorize this) for failure to state a claim upon which relief can be granted.

Attorney fees are only recoverable by a party who prevails in an action at law. Then, under certain circumstances, the court can order the loser to pay fees and costs incurred. But in your case if I understand this correctly, there was no underlying action. No judgment was ever entered in favor of your neighbor - in fact, she is proceeding in small claims court without a lawyer, because she cannot have one there - they are not allowed.

Have a ball. Powell

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Answered on 4/25/05, 11:35 pm


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