Defendant in Colorado Small Claims action - am I liable for his attorney fees?

[wantonsoup]

What is the name of your state (only U.S. law)? Colorado

A contractor is about to sue me for a supposed debt, and he's used a lawyer to file the notice to file a lien, to file the lien, and possibly for other services related to this case.

If he wins in small claims, am I liable for his attorney fees? I know I'm responsible for reasonable service charges for serving me with the lien papers and all that, but he's telling me he's already spent $2k on his attorney. (The total debt he's claiming is $2,500). I think it's a scare tactic to get me to settle before court. I thought he wasn't permitted to collect attorney's fees for a small claims action like this. There was no written contract between us, so I never agreed to permit attorney fees be collected or anything like that.

Can someone shed some light for me? Thanks.

 

[single317dad]

What is the name of your state (only U.S. law)? Colorado

A contractor is about to sue me for a supposed debt, and he's used a lawyer to file the notice to file a lien, to file the lien, and possibly for other services related to this case.

If he wins in small claims, am I liable for his attorney fees? I know I'm responsible for reasonable service charges for serving me with the lien papers and all that, but he's telling me he's already spent $2k on his attorney. (The total debt he's claiming is $2,500). I think it's a scare tactic to get me to settle before court. I thought he wasn't permitted to collect attorney's fees for a small claims action like this. There was no written contract between us, so I never agreed to permit attorney fees be collected or anything like that.

Can someone shed some light for me? Thanks.

http://www.courts.state.co.us/userfiles/file/SmallClaimsHandBook.pdf

At the end of the trial, the magistrate will usually state the facts, who won, and the amount of judgment. The rules also allow the magistrate to make an award of costs (the filing fee, the service fee, witness subpoena fees) to the winning party.

Though not mentioned, those costs could include attorney fees as well.

Attorneys

In order to keep this process as simple as possible, participation of attorneys in Small Claims Court is discouraged. Many people, however, find it uncomfortable to formally and publicly present their own Complaint or Defense, so there are exceptions to this.

The Defendant may choose to hire an attorney, and must give seven (7) days Notice to the Court that an attorney will be hired. The Notice of Representation can be found at www.courts.state.co.us, go to Forms, select Small Claims and the form JDF 256. If the Defendant files a Notice of Representation, however, and then appears in Court without an attorney, or fails to appear at all, the Court could find the Defendant acted in bad faith, and could award costs, including attorney fees, to the Plaintiff.

If the Defendant gives Notice of intention to hire an attorney, the Plaintiff will then also have the right to hire an attorney, and need not give Notice of his/her election to do so.

If either party happens to be an attorney, the other party may be represented by an attorney, again without giving Notice.

Even with participation of attorneys, if the case remains in Small Claims Court, it will still be handled according to the Small Claims Court Rules and Procedures.

So, do you have an attorney in this case? It looks like he can't unless you do (or are one), in small claims court. County court would be a different matter.

 

[wantonsoup]

So, do you have an attorney in this case? It looks like he can't unless you do (or are one), in small claims court. County court would be a different matter.

No, I don't and I don't intend to. In Colorado apparently you file in County Courts but it's all governed by the state laws and statutes, there aren't county-specific laws and statutes pertaining to small claims from the county clerk I just spoke with.

 

[single317dad]

If your case is not in small claims court, then nothing I posted above is applicable, except the part where the judge can order attorney fees.

 

[wantonsoup]

Yes, it's in small claims court as I mentioned it a $2,500 claim.

 

[single317dad]

Yes, it's in small claims court as I mentioned it a $2,500 claim.

The amount of the claim on its own won't determine whether the claim is filed in small claims court. Small claims is a more relaxed legal environment, with a magistrate rather than a judge, no juries, and reduced filing fees. It's also expected that parties will generally represent themselves. Some litigants will actually seek a lower judgment amount in order to get their case in small claims if they're more comfortable in that environment.

The fact that the limit for small claims judgments is $7.500 (plus fees; keep that in mind) doesn't mean your case is automatically in small claims court. You can sue for $1 in county court if you feel like irritating the judge. Your $2,500 claim could easily have been filed there.

It's important that you find out whether your case is filed in small claims court or not, and research and apply the information from post #2.

 

[Proserpina]

The amount of the claim on its own won't determine whether the claim is filed in small claims court. Small claims is a more relaxed legal environment, with a magistrate rather than a judge, no juries, and reduced filing fees. It's also expected that parties will generally represent themselves. Some litigants will actually seek a lower judgment amount in order to get their case in small claims if they're more comfortable in that environment.

The fact that the limit for small claims judgments is $7.500 (plus fees; keep that in mind) doesn't mean your case is automatically in small claims court. You can sue for $1 in county court if you feel like irritating the judge. Your $2,500 claim could easily have been filed there.

It's important that you find out whether your case is filed in small claims court or not, and research and apply the information from post #2.

Could I please just take a quick second to thank you for this?

It's very important information and let's face it, most people don't realize when small claims is appropriate and when it's not.

So thank you

 

[single317dad]

Could I please just take a quick second to thank you for this?

It's very important information and let's face it, most people don't realize when small claims is appropriate and when it's not.

So thank you

You can take a full minute, if it pleases you. Also, a drink would be nice

 

[You Are Guilty]

Though not mentioned, those costs could include attorney fees as well.

Really? Given OP's statement here that there was no contract:

There was no written contract between us, so I never agreed to permit attorney fees be collected or anything like that.

...I am curious as to under what statute you believe an award of attorney's fees is possible?

 

[single317dad]

Really? Given OP's statement here that there was no contract:

...I am curious as to under what statute you believe an award of attorney's fees is possible?

13-17-101. Legislative declaration.

The general assembly recognizes that courts of record of this state have become increasingly burdened with litigation which is straining the judicial system and interfering with the effective administration of civil justice. In response to this problem, the general assembly hereby sets forth provisions for the recovery of attorney fees in courts of record when the bringing or defense of an action, or part thereof (including any claim for exemplary damages), is determined to have been substantially frivolous, substantially groundless, or substantially vexatious. All courts shall liberally construe the provisions of this article to effectuate substantial justice and comply with the intent set forth in this section.

http://www.lpdirect.net/casb/crs/13-17-102.html

(1) Subject to the provisions of this section, in any civil action of any nature commenced or appealed in any court of record in this state, the court may award, except as this article otherwise provides, as part of its judgment and in addition to any costs otherwise assessed, reasonable attorney fees.

Relevant to OP:

(6) No party who is appearing without an attorney shall be assessed attorney fees unless the court finds that the party clearly knew or reasonably should have known that his action or defense, or any part thereof, was substantially frivolous, substantially groundless, or substantially vexatious;

 

[wantonsoup]

Thanks - that puts my mind at ease about the fees. My position is anything but frivolous, groundless or vexatious. I have firm substantive complaints about the work he did.

 

[Dave1952]

It's not clear whether the OP is being sued by some guy or some business. If he's being sued by a business then an attorney and the fees would be appropriate. The OP should check his paperwork to see who is suing him.

 

[wantonsoup]

It's a small business (one or two guys) but I haven't been sued yet But it's coming.