Legal Question in Business Law in Wisconsin

I have a lawsuit in Walworth County, WI. I am the Plantiff and the person that I am suing Did not follow through with all of their promisses. I sent an email recapping the proof that I have and the fact that I would like to come to and agreement before the court date.

Unfortunately the Defendant is still sayingthey are not at fault and I should drop the small claims lawsuit or they will have no choice but to countersuit for his work, efforts, time and cost involved in defending himself in this matter. Can he counter for legal advice and time and whatever else? I thought in small claims that you could not be reimburssed for expenses such as that?

Thnaks for your help!


Asked on 12/19/09, 5:28 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

You are in dire need of an attorney. Even in small claims court, attorney fees and court costs can be awarded to the winner of a lawsuit. This is particularly true if any claim is frivolous and without merit, as well as if various statutes are violated. If you filed a case which you did not believe that you could prove and now have "cold feet," this is definitely a concern for you, as is a counter claim any time the adverse party may have some claim that you owe something to him. Negotiating a settlement over which you may exercise some control is often better than letting a judge make a decision with unpredictable results, especially if you might lose. My comments here are not not legal advice, nor do they create an attorney client relationship between us. However, you always more than welcome to contact my office to discuss retaining me or to set up a free initial consultation at my office in Racine. I also sometimes travel outside of Racine for initial consultations if necessary.

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Answered on 1/02/10, 12:22 pm


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