If it was not true it would be funny....

[Terry Terrenoire]

I have been on both sides of small claims actions in NY state. Yes, you
CAN have a lawyer, but not required. OTOH, a lawyer friend of mine feels
that anyone who goes into a court room with out an attorney is not acting
in their own best interest. I don't believe, in NY that you can sue for
Small Claims defense damages, however, that does not prevent you from
filing a seperate suit. As I understand it, you have to show a monetary
loss. In NY her part of the suit for court costs and suffering would NOT
be permitted in Small Claims. Only the actual out of pocket expenses.

Best advice from here. Sit down with an Atty, ask some questions, then go
with the recommendations!

Terry T.


On Fri, 18 Mar 2005 09:51:56 -0600 Gray E Fowler <gfowler at raytheon.com>
writes:

Terry, Tony 

Right now I am of the mindset that we get a lawyer and really slam her,
then counter sue for court expenses. She is low income, does not have a
lawyer, and from my experience "Lawyer vs. No Lawyer" is usually a slam
dunk win. I really do not expect to get a monetary judgement but I do
want her to feel scared from a monetary point that if she keeps this up
it could cost her. I guess the question is -is it possible  in small
claims court to counter sue for legal "defense" costs?



Gray Fowler
Principal Chemical Engineer
Composites Engineering
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