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  1. #1
    Join Date
    Aug 2009
    Posts
    3

    Default Can the Defendent Sue and Recover Attorney Cost for Small Claims Suit

    My question involves small claims court in the state of: MD

    I am the Plaintiff in a small claims suit. I took my car that was involved in a fender bender to a body shop for repairs. When I picked up my car, I discovered further damage had been done to the car. The car is a manual transmission and I discovered when I went to drive off the lot that the gear had been damaged and I could not drive off the body shop lot. To cut the story short, I had the car towed to the dealer who further diagnosed the transmission had been changed also. Anyway, I attempted to resolve the issue with the bodyshop owner but to no avail. I decided to take him to court. I filed all necessary documents and I recently received a letter from his attorney stating that his client intends to defend himself in court, his client did not personally cause damage to my car and that I was suing the wrong person. In addition, his attorney stated that they will ask the courts for me to pay for the attorney’s fees based on me suing the wrong person.

    My question is three-fold:

    1. I thought in small claims court, you represent yourself. What good will the attorney do in the court-room when he was not present at all during the whole issue. Can the attorney answer the judge’s question for the defendant even though the attorney only knows our case based on what the defendant has told him? The defendent will still need to answer for himself...am I right?

    2. I know for a fact that the business is family-owned, the defendant is the President of the bodyshop (info I got from the Better Business Bureau). Am I suing the wrong person? Obviously it is very likely the defendant himself did not work on my car nor personally cause the damage but his mechanics did, but is suing him correct since it is his family business and he is the President? I am not required to find the exact person who damaged my car. My car was not returned to me in the same condition after I gave it to his place of business. Thus, as the owner, he should be held responsible.

    3. Can the attorney win on recovering his fees based on his claim that I picked the wrong person to sue since his client did not PERSONALLY damage my car.

    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can the Defendent Sue and Recover Attorney Cost for Small Claims Suit

    A few states permit lawyers in small claims court, but no state makes a party litigate in small claims court - that is, whether or not they can use a lawyer in an actual small claims proceeding they can move the case to a regular trial court and proceed with a lawyer.

    If you're suing the owner of a corporation due to misconduct that is properly attributed to the corporation, you're suing the wrong person. The corporation is a separate legal entity. That you think things should be otherwise doesn't change the law.

    If you file a frivolous lawsuit against an incorrect party, you risk being ordered to pay sanctions and lawyer fees.

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