[WSBAPT] Small Claims Court

[Jennifer L White]

Hi Dave,
I hate to break it to you, but you are not correct in that understanding.... I just had to deal with this issue a few months ago.
Take a look at RCW 12.40 for all of the procedural rules. In a nutshell, you have to get consent from the court to have attorneys appear in small claims court. You can't just remove the case to district/superior court. They can make you have two tracks - small claims and then district/superior.

Jennifer L. White, Esq.
[cid:image001.jpg at 01D8EF90.10AE0A00]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dave Culbertson
Sent: Thursday, November 3, 2022 2:01 PM
To: solo-and-small-practice-section at list.wsba.org; creditor-debtor-section at list.wsba.org; wsbapt at lists.wsbarppt.com; wsbarp at lists.wsbarppt.com
Subject: [WSBAPT] Small Claims Court

Hello, Listmates.

I have a PNC who might be facing a small-claims court action. My understanding has always been that both parties have to agree to not have attorneys for it to be in Small Claims, and that if one side wants representation they have a right to it and the dispute has to be heard in district or superior court.

Am I wrong about that? I don't see where that appears in the RCW's. If I'm right and somebody knows the source of the rule, I'd be interested.

Thanks, folks.

Best Regards,

Dave Culbertson

The Law Office of Davisson Culbertson
PO 20403
Seattle, WA 98102

Phone: (206) 478-8134
FAX: (866) 867-7796
dculbertson at culbertsonlawoffice.com<mailto:dculbertson at culbertsonlawoffice.com>



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