• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

small claims court cost

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

N

nillie

Guest
What is the name of your state?What is the name of your state? ky

i recently won my small claims case, however the judge said i couldn't collect the court cost, it was my understanding that if you won your case, the defendant also had to pay the court cost, is this not correct? is there anything i could do about this now? the court costs was nearly $50. thank you for any help you may offer. :confused:
 


JETX

Senior Member
"i recently won my small claims case, however the judge said i couldn't collect the court cost, it was my understanding that if you won your case, the defendant also had to pay the court cost, is this not correct?"
*** Normally, you would also recover the costs incurred. In this case, the judge apparently felt it was unwarranted and excluded them.

"is there anything i could do about this now?"
*** You can appeal the ruling, but considering the appeal fees and the process, you are probably better to just accept the fact that the judge excluded them.

Depending on the court, you might consider contacting a court clerk and/or the judge to see if someone can explain why they were excluded and whether it was done in error.
 

I AM ALWAYS LIABLE

Senior Member
JETX said:
"i recently won my small claims case, however the judge said i couldn't collect the court cost, it was my understanding that if you won your case, the defendant also had to pay the court cost, is this not correct?"
*** Normally, you would also recover the costs incurred. In this case, the judge apparently felt it was unwarranted and excluded them.

"is there anything i could do about this now?"
*** You can appeal the ruling, but considering the appeal fees and the process, you are probably better to just accept the fact that the judge excluded them.

Depending on the court, you might consider contacting a court clerk and/or the judge to see if someone can explain why they were excluded and whether it was done in error.


JetX - -

I have the distinct feeling that our writer is thinking that all costs are "court costs", and are therefore, recoverable. Most "costs" aren't "court costs". For example, there's a difference between the "filing fee" (which is a court cost and recoverable) versus the "cost" of having the defendant served with the complaint - - the cost of "service" is not recoverable unless certain circumstances have occurred.

IAAL
 

JETX

Senior Member
Of course that is possible. Writer, what COSTS are you 'missing'?

However, in my experience, if the 'cost of service' (sheriff or constable) was paid through the court with the filing fee, I have never seen it excluded. However, if the plaintiff hires a 'process server' (and pays separately), that cost would have to be submitted to the court (either at hearing or by 'memordandum of costs') to be included.
 
M

Makum Pay

Guest
This begs an interesting question...

Since I'm not sued (or suing someone else) every day, perhaps someone could dispel an impression I am under if it is false? I presume that if someone sues me, and is represented by a lawyer, that the attorney will tack on his expenses for answering motions, gathering discovery, preparing for trial, or any other such "costs", and ask the court to declare those to be my responsibility too, if I lose the case...is this correct? Or, perhaps I should ask is it typical? Also, if I win the case, can I request (and how should I) that my time and expenses (postage, etc.) be reimbursed by the Plaintiff?

Thanks for clearing that up for me...
 

BelizeBreeze

Senior Member
Makum Pay said:
Since I'm not sued (or suing someone else) every day, perhaps someone could dispel an impression I am under if it is false? I presume that if someone sues me, and is represented by a lawyer, that the attorney will tack on his expenses for answering motions, gathering discovery, preparing for trial, or any other such "costs", and ask the court to declare those to be my responsibility too, if I lose the case...is this correct? Or, perhaps I should ask is it typical? Also, if I win the case, can I request (and how should I) that my time and expenses (postage, etc.) be reimbursed by the Plaintiff?

Thanks for clearing that up for me...
NO. Now that was simple.
 

JETX

Senior Member
Deleted my post as my responses were directed at the scenario described by the ORIGINAL poster. I was NOT aware that this 'new' persons post was a hijack of the thread and a completely DIFFERENT scenario!!
 
Last edited:
M

Makum Pay

Guest
Cool!

That's great news...I was afraid I would be getting into a truckload of additional "costs of collection" if I keep making this attorney jump through hoops to secure his judgement. Now that I don't have that worry, I think I'll try to find a few more hoops lying around here somewhere... ;)
 
M

Makum Pay

Guest
My apologies if I've done something improper...?

I wasn't aware I was "hijacking" anything...I was participating in a conversation with a related question that springs from the original poster's query. I'm not sure how to make it known that I'm not the original poster, aside from saying "I'm not the original poster" or beginning a new thread that essentially asks the same question (or very near it) that was asked in this thread. So I apologize if my post was somehow improper in form for this particular forum (though this is how it's done in every other forum I've ever participated in). Had the question not been so closely related to the original (and indeed resulted from the original post and it's answers), I would have begun a new thread.
 

JETX

Senior Member
Interesting....
The original post asks, "the judge said i couldn't collect the court cost, it was my understanding that if you won your case, the defendant also had to pay the court cost, is this not correct?"

Then, you somehow convert that to asking about "I presume that if someone sues me, and is represented by a lawyer, that the attorney will tack on his expenses for answering motions, gathering discovery, preparing for trial, or any other such "costs", and ask the court to declare those to be my responsibility too, if I lose the case...is this correct?"

Court costs are NOT the same as an attorney asking for fees and expenses. In fact, there is NO similarity at all.... other than a court being involved, which is not a surprise since, after all, this is a LEGAL forum. :D
 
M

Makum Pay

Guest
Fees, expenses, costs...

...all sound the same (hence my assumption that they are "related") to someone who doesn't spend every day in this arena. I suspect the original poster and many other legal "novices" are under the same general impression that they are either one and the same or, at the very least, spring from the same source.

This isn't, after all, my area of expertise. That's why I'm asking questions. This seemed to be an appropriate place to ask them.
 
N

nillie

Guest
sorry i wasn't specific, it was the actual filing fee and the cost of having the papers served to the defendant. thank you for such a quick reply.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top