In small claims court, do the defendants have to personally appear in court, or can they hire an attorney to attend on their behalf? Also, are the filing fees and time spent preparing and fighting the case 'recoverable' to the winner? Thanks.
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Read More Answered By: Robert Murillo |
In Colorado small claims, a defendant can file a notice of attorney representation. If that occurs, the plaintiff also may be represented by an attorney.
Filing fees normally can be recovered by the prevailing party. A pro se party (meaning they are not represented by an attorney) is not awarded anything for their time. If you have an attorney and the matter involves a contract with an attorney fee clause or there is a statute related to attorney fees for this type of action, then those fees can be recovered by the prevailing party, normally.
DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. For legal advice, you should retain legal counsel for advice regarding your specific circumstances.
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