Can I be sued for filing a small claim action?

[gaylord]

What is the name of your state? California

I own a small consulting business. A client has refused to pay my statement for services even though he signed a retainer agreement. He threatens to sue me for malicious prosecution if I file a small claims action. Can he do that? Just doesn't sound right. Thanks.

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

I own a small consulting business. A client has refused to pay my statement for services even though he signed a retainer agreement. He threatens to sue me for malicious prosecution if I file a small claims action. Can he do that? Just doesn't sound right. Thanks.

My response:

Sure, he can do that. He won't get anywhere, but sure, he can do that. He'll just be "shot down."

In California, Plaintiff's who file an action in Small Claims Court are "bulletproof" from reprisals as the result of a loss. You are, therefore, free from liability even if you file a "spurious" Small Claims complaint.

I think your client is confusing what he could possibly do against you if you were to file your complaint in Superior court. But, he'll learn.

File away!

IAAL