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A question about being awarded fees.

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O

originoflove

Guest
What is the name of your state? WA

I am thinking of suing somebody in small claims court for three different problems. Problem "A" is for only $20, and I'm sure I'll win. Problem "B" is for only $3, and I'm sure I'll win. Problem "C" is for $200, and I'm really unsure whether or not I'll win.

My first question is this: Will I look ridiculous for suing somebody for such small amounts?

Let's say I win issues A and B, but lose on C. Will I still be entitled to reimbursement for the court fees and the cost to serve the defendant? Will the judge maybe prorate the legal costs?

Thanks in advance.
 


JETX

Senior Member
Q1) "Will I look ridiculous for suing somebody for such small amounts?"
A1) Ridiculous to who?? Why would it matter??

Q2) "Let's say I win issues A and B, but lose on C. Will I still be entitled to reimbursement for the court fees and the cost to serve the defendant?"
A2) Yes.

Q3) "Will the judge maybe prorate the legal costs?"
A3) Can't tell what the court WOULD do, but I don't believe that the fees would be prorated. Simply, you would have had to pay the fee to bring only one lawsuit..... and that might have been the one you won.
 
O

originoflove

Guest
"A1) Ridiculous to who?? Why would it matter??"

It only matters to me if it matters to the court. I just fear a judge ruling against me because he feels I'm being petty (even if I am in the right). I know that's not supposed to happen, but I worry about it just the same, because it COULD happen.
 

JETX

Senior Member
It does (and could) happen. But, you have no control over whether it does (or could).

And since the only way for you (or anyone) to try to 'devine' if it would happen in your case is to know the judge and his/her temperment. I have seen some absolutely ridiculous happenings and rulings.... and have seen sporatic and rare forms of brilliance.

Simply, you have no idea how the court may rule and often why. So, 'toss the dice' and file.
 
C

Chippergonefish

Guest
Outcome was one amount, plus fees

Go for it. The "winner" and amount is not announced in Court, but mailed to you within 10 to 14 days. I actually had 12 separate issues with photo's and documents. I was awarded a flat amount, plus fees (the filing fee & serving cost). I have no idea which issues the judge felt applied.
I would start with the larger amount and work down when explaining to the judge -
The best advice I was given was to make three copies of everything you plan to present. One for you, one for the defendent, and one for the judge - I was asked for this documentation by the bailiff who even asked us to mark each piece with a "D" or "P" . I had it, the other party didn't. I think that's why I won so easily.
Hope this helps.
 

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