WA: Can defendant claim attorney's fees?

[n808]

WA: I sued a trucking company for the damage one of their trucks caused to my vehicle. They got away from liability since the truck driver lied to their insurance company. I have additional information to back up the actual events that the insurance company chose to ignore, and therefore I sued the trucking company in small claims court.

Now they have gotten their insurance company to pay for expensive trial lawyers to appear on their behalf, even though attorneys are not generally allowed to appear, unless granted permission by the judge. The attorneys have then of course sent a bunch of paperwork to the judge to be granted permission for counsel to appear.

Additionally, though, and this is what seems scary to me, is that they asked the judge to summarily dismiss the case for various reasons, amongst them "Plaintiff fails to state a claim upon which relief can be granted". Well, there were only two lines available on the small claims form to describe the nature of my claim.. Furthermore, they ask that the defendant be awarded costs and allowable attorney's fees, as well as "other further relief that the court deems just and equitable"

How can they do this even before counsel has been granted permission to appear in court? I chose small claims court to avoid attorney's fees. If I lose, or drop the case, can the defendant ask to be awarded attorney's fees, when attorneys are not generally even allowed in a small court?

I believe this is only or mostly empty threats to get me to drop the case, but I would appreciate any advice from this forum?

 

[BL]

They are firing there guns all at once , so to speak .

If attorney's are not allowed , that motion should be dismissed .

Wait and see , what the court rules on their motions .

 

[n808]

Thanks. Yes, they are certainly firing all their guns at once

The judge can grant permission for counsel under certain circumstances, which of course defendant's counsel claims are met in this case. This is the code they are referring to: RCW 12.40.080: Hearing.

My concern was mainly whether defendant can claim attorney's fees covered. In counsel's "threat" letter they want the case dismissed with prejudice and expenses covered. I can not see how such a claim is valid when counsel has not yet even been granted permission to represent the defendant in court.

 

[n808]

According to this code: RCW 12.40.045: Recovery of fees as court costs., the fees that can be recovered by the prevailing party are very small, and not related to attorney's fees at all.

"In the event persons other than the sheriff or duly appointed deputies charge a fee for services in excess of the fees allowed under RCW 36.18.040, the prevailing party incurring such charges shall be entitled to recover as court costs only the amount of the fees for such services as provided in RCW 36.18.040.."