Small Claims default judgment atty fees

[mainespring]

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

I was recently the defendant in a small claims action in Maine. The plaintiff never showed, so a judgment in favor of the defendant (me) was entered. I paid for the advice of an attorney to defend myself in this action. ($300) Plus, I was out of work for approximately half a day (self-employed) as the action was held over to a second day. Can I ask the court to award attorney's fees or any other costs? Thank you.

 

[seniorjudge]

Q: Can I ask the court to award attorney's fees or any other costs?

A: Did you file a counterclaim?

Maine Judicial Branch: Small Claims Court

 

[mainespring]

I did not file a counterclaim. The small claims suit was filed by my ex-husband alleging that he had loaned me $2500 back in 2005 and I never paid him back.

He had originally raised this as an issue in a child support modification hearing last year. The judge allowed him to submit documents supporting this so-called unpaid loan amount, but she never specifically ruled on it or mentioned it in her final order.

I believe under Maine Law that even though she didn't specifically mention it in the order, that that still means that she has, in effect, made a ruling on it. Therefore, I was going to make the argument that it had already been heard in Family Court, etc. That he was just wasting the court's time and that he filed the small claims simply to harrass me.

However, he never showed up for the small claims hearing.

If you tell me that I should make some sort of counterclaim or ask for attys fees, how do I go about this? In making such a claim should I not only do so on the basis that he never showed, but also throw in the fact that this suit was asking for something that had already been heard, and rejected, in another court to bolster my claim? Thanks.

 

[Some Random Guy]

The counterclaim should have been filed with the original case. Since the original case is over, you cannot file a "counterclaim" and would have to file a "claim" as part of a new suit.

 

[mainespring]

So then I would proceed by filing my own new small claims against him for attorney's fees and costs (loss of income)?

The question is, do I have a leg to stand on? Are such awards made in relation to default judgments that nonetheless incurred attys fees and loss of business income in small claims actions?

I mean, if there usually is not, or if there is a statute that precludes me from doing so, obviously I would be wasting the court's time and mines.

 

[johnacastro]

Frivilous

Imagine you wake up tomorrow and decide to sue everyone in your neighborhood, the Mayor, the City Council, Police Officers, and Fire Fighters. Everyone has to miss work because they have to appear in Court. Everyone has to miss work. Everyone hires an attorney. Then you don't show up to Court and leave everyone waiting for nothing.

Now, if every single lawsuit was legitimate and for good cause, then maybe you could get away with it. But if they could prove your lawsuits were frivilous (aka: kind of like just filing a baseless lawsuit without merit to be annoying), it's gonna be a bad day for you.

Well, this is what you have to prove. File a small claims, YES, and assert in your filing that this was done with malicious intent and that he filed the lawsuit to waste your time and money, and more importantly the time of the judge. Judges take it personal when their courts are used like that.

 

[Ohiogal]

Actually she she should have filed a counterclaim and since she did not then she has waived it.