[WSBAPT] Small Claims Court

[Craig Gourley]

It gets even more weird in that the defendant cannot counter claim and must bring a separate action. You cannot consolidate.  So plaintiff brings an action, a week later the defendant brings a responsive action and they are heard a week apart.  You also can't enforce a small claims judgment, it has to be transferred to Dist court. At least that is the way it used to be

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________________________________
From: Dave Culbertson <dculbertson at culbertsonlawoffice.com>
Sent: Saturday, November 5, 2022 6:46:16 PM
To: jen at appletreelaw.com <jen at appletreelaw.com>; Craig Gourley <craig at glgmail.com>
Cc: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: RE: Small Claims Court


Hi, Jennifer and Craig.

Sorry for the delayed replay, and thanks for the info, it’s good to face the hard truth.

It’s no surprise I was wrong, but what is surprising is that the same claim can be proceeding in Small Claims court and in District/Superior at the same time. Am I getting that right? I would have thought that somewhere in the procedural rules there would be something allowing a claim to only be heard in one court, for efficiency’s sake or to avoid conflicting outcomes.

dc





From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Craig Gourley
Sent: Thursday, November 3, 2022 5:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Small Claims Court



Yep, I am with Jennifer.  When my client got sued in Small Claims on a bogus claim,  I filed a Superior court case and immediately scheduled depositions which the client then used as evidence in the small claims.  He won in Small Claims and we proceeded to settle in Superior Court.   Client got $10k  from guy that sued him in Small Claims.



From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jennifer L White
Sent: Thursday, November 3, 2022 2:33 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Small Claims Court



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 01D8F145.939AC1E0]



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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Dave Culbertson
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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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