I’m thinking about dismissing a small claims case I filed in Hawaii, but I’m not sure if I’d be on the hook for the defendant’s attorney fees if I do. Does anyone know how this works?
I’ve heard that small claims court usually doesn’t award attorney fees. You should be okay, I think.
Lior said:
I’ve heard that small claims court usually doesn’t award attorney fees. You should be okay, I think.
That’s what I thought too, but I wasn’t totally sure if dismissing would change anything. Just trying to be safe.
Lior said:
I’ve heard that small claims court usually doesn’t award attorney fees. You should be okay, I think.
Small claims courts are usually meant to be simple, without attorneys involved much. So yeah, less likely to deal with fees.
If the defendant’s lawyer argues your case was ‘frivolous’ or had no merit, they might try to get fees. But they’d need proof it was frivolous.
Skylar said:
If the defendant’s lawyer argues your case was ‘frivolous’ or had no merit, they might try to get fees. But they’d need proof it was frivolous.
Oh okay, so if they can’t prove it was frivolous, they wouldn’t get fees, right?
Skylar said:
If the defendant’s lawyer argues your case was ‘frivolous’ or had no merit, they might try to get fees. But they’d need proof it was frivolous.
Exactly. If you have a good reason for filing, they probably won’t win any fees.
You could send a letter offering to dismiss the case if they waive any claims. Keeps things clear.
Ari said:
You could send a letter offering to dismiss the case if they waive any claims. Keeps things clear.
Good idea! Just to confirm, I should say something like ‘offer to dismiss in exchange for no claims against us,’ right?
Ari said:
You could send a letter offering to dismiss the case if they waive any claims. Keeps things clear.
Yep, that’s basically it. Helps to avoid confusion later.
Wait, what’s the point of the letter? Just curious.
Vail said:
Wait, what’s the point of the letter? Just curious.
It’s like an agreement that by dismissing the case, neither side will try to get fees from the other. Keeps things simple.
Vail said:
Wait, what’s the point of the letter? Just curious.
Got it, thanks! Makes sense to get it in writing.
Don’t worry too much. If they don’t agree to waive claims, it might mean they’re considering fees. But proving ‘frivolous’ cases is tough.
Nash said:
Don’t worry too much. If they don’t agree to waive claims, it might mean they’re considering fees. But proving ‘frivolous’ cases is tough.
Thanks for the reassurance! I’ll keep that in mind if I decide to move forward.