Lawyers in small claims court?
A short guide

Do I need a lawyer in small claims court?

No. According to the Office of the Attorney General of WA State, “Any individual, business, partnership or corporation (with a few exceptions) may bring a small claims action only to recover money; a "natural person," meaning a human being, may file a claim up to $10,000; the limit is $5,000 in all other cases. In general, the claim must be filed in the district court of the county in which the defendant(s) reside.” In layman’s terms, this basically means that any adult (or emancipated minor) may sue (or be sued) in small claims court, regardless of attorney involvement.

Can you have a lawyer in small claims court in WA State?

Technically, no. You may not receive representation from an attorney in small claims court in WA State. Again, from the office of the Attorney General: “Unless a judge grants permission, Attorneys and paralegals are excluded from appearing or participating with the plaintiff or defendant in a small claims suit.” 

In many cases, people go to small claims court specifically because they are looking to avoid attorney fees in their case. Having said this, some people do decide to seek guidance from a lawyer for small claims court.

SHOULD I hire an attorney for my small claims court case?

Funke Law Firm has provided guidance for individuals in small claims court for a fee. In small claims court, the overall cost of your suit may be inexpensive, but there is time and research involved in filling out the correct paperwork. If you aren’t thorough or accurate, you may be leaving money on the table. Ultimately, the decision will be up to you. There are, however, some important things to consider when hiring an attorney for small claims court:

• The maximum amount you may ask for in WA State small claims court is $10,000.

• In WA State: “The filing fee will be either $35 or $50 depending on whether the county in which you file the lawsuit supports a dispute resolution center.”

• If you do seek additional help from an attorney, attorney fees in small claims court CANNOT be recovered, as you are not technically receiving representation. (This means your attorney fees are fixed and non-refundable regardless of whether you win or lose your case).

If you are interested in help from Funke Law Firm in a small claims court case, contact us today. Otherwise, feel free to reach out to your local district court--contact information can be found at www.courts.wa.gov.

Need more help? Contact us for a free consultation!