Legal Question in Landlord & Tenant Law in Washington
Small Claims Lawsuit
How do I counter-sue the Plaintiff in a small claim case? Can I just give a written answer before the court date or do I have to file a whole new suit?
Also, is it best to go through Mandatory Mediation before the trial or is it ok to get a waiver, because of other violations of the plaintiff, and just go to trial?
1 Answer from Attorneys
Re: Small Claims Lawsuit
In small claims, you can file your own suit against the plaintiff, as long as there is sufficent time before mediation. You must allow six court days in regular court - if the timing is different in small claims the rules will tell you that. You can find the forms on line at www.courts.wa.gov/forms.
You should answer the Plaintiff's suit and file your answer with the court and give a copy to the Plaintiff. If you have a counterclaim then it would be appropriate to file your own suit.
I'm pretty sure that Small Claims Mediation is a mandatory step these days - small claims is a little out of most lawyer's baliwick because we aren't allowed there.
Your credibility will be the deciding factor in how you do.
You posted this as a landlord/tenant question, so if you would like to re-post with the specific facts you are dealing with then I could probably be more specifically helpful.
Dress up a bit. Be really respectful of the court and the other party. Don't ever interrupt or get defensive. You will be given time to relate your side of the story. The judge will tell you when it is your turn. Address the judge, don't even look at the Plaintiff.
Bring a witness if that's appropriate; and notebooks - three copies (one for the Judge, one for Plaintiff and one for you) containg the pleadings, the proof of service, the contract, if applicable, pictures, other writings, cancelled checks, etc., will really help you organize and present your case.
Most important thing is NOT to lose your cool, no whining, no hostility.
Good luck! Powell
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