[WSBAPT] Small Claims Court

[Roger Hawkes]

Yet another section of law that cries out for legislative correction

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dave Culbertson
Sent: Saturday, November 5, 2022 6:46 PM
To: jen at appletreelaw.com; Craig at glgmail.com
Cc: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] 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 01D8F2C9.A5CE5220]

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
Sent: Thursday, November 3, 2022 2:01 PM
To: solo-and-small-practice-section at list.wsba.org<mailto:solo-and-small-practice-section at list.wsba.org>; creditor-debtor-section at list.wsba.org<mailto:creditor-debtor-section at list.wsba.org>; wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>; wsbarp at lists.wsbarppt.com<mailto: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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