allstar

[rzx]

after small claims filing, recipient responded with counter claim, yet unseen, so does a counter claim argument by that recipient allow me, the plaintiff, to, if qualified, to request public defender for that counter claim? My question is opposite either party, plaintiff/def, having the right to council at their own expense.

 

[Zigner]

after small claims filing, recipient responded with counter claim, yet unseen, so does a counter claim argument by that recipient allow me, the plaintiff, to, if qualified, to request public defender for that counter claim? My question is opposite either party, plaintiff/def, having the right to council at their own expense.

What US state?

 

[Ohiogal]

after small claims filing, recipient responded with counter claim, yet unseen, so does a counter claim argument by that recipient allow me, the plaintiff, to, if qualified, to request public defender for that counter claim? My question is opposite either party, plaintiff/def, having the right to council at their own expense.

Attorneys are not appointed for small claims cases.

 

[adjusterjack]

And some small claims courts don't allow attorneys.

Provide location and details about the case if you want helpful comments.

 

[quincy]

A counterclaim potentially could move a legal action out of small claims into a higher court, even if the suit was originally filed in small claims. If a plaintiff files in small claims to avoid the need for an attorney, that same plaintiff might find himself needing an attorney to proceed with the action in the higher court.

 

[rzx]

yes, Quincy, that's what my ? was trying to express. If defendant response to plaintiff original complaint, potentially (currently i haven't had that response served, yet unseen from server since Jan 18--awaiting service), & if that response levies some new counter claim against me beyond my input claim, charging me on some new higher level retaliatory scenario, would the following apply: 1 if i understand you, a claim severity might be prioritized for designation to a higher court (civil circuit court?) &, 2 if so, would such elevation be assigned, might i now become the defendant of that elevated counter claim by the charged defendant? Obviously, i did not know these court proceeding protocols, yet as you stated, my claim dispute was because of ability to make a limited public citing of a disagreement, but could not engage $7-10k legal Attorney retainer (lawyers more reluctant to engage contingency contract with clients without upfront retainer fees, quite often currently, perhaps inflated higher over the past couple of decades), with magistrate civil limit at $7500 & with me, the plaintiff, addressing a$1500 repair overcharge complaint. Hope there's clarity here, relative to your considerate information & as layman, regret possible misunderstood policy, procedures & protocols--apples/oranges!. thanks!