So, I have a case in Small Claims Court in Hawaii, and I’m thinking about dismissing it, but I’m worried I might have to pay the defendant’s attorney fees. I’ve heard that Small Claims usually doesn’t award attorney fees, but I’m not sure if that changes if I dismiss the case. Anyone know how this works in Hawaii?
Am I liable for the defendant’s attorney fees if I dismiss the case in small claims court in Hawaii?
I was in a similar situation, and from what I know, in Hawaii, attorneys aren’t usually involved in Small Claims Court. But if you dismiss the case, the defendant might argue that it’s a frivolous case and try to get their attorney fees. You could try offering a settlement to waive any claims against you, though, and that might help you avoid paying.
Yeah, if you feel threatened by the defendant’s lawyer, it might help to just settle it and avoid further stress. The settlement letter idea sounds like a smart move if you want to dismiss without paying their fees.
I had a similar case in Small Claims, and I didn’t end up paying attorney fees because the case wasn’t frivolous. As long as you can show your side had some merit, you should be good.
What exactly does ‘frivolous’ mean in this context? Like, if there was a valid reason to bring the case but it didn’t work out, does that count?