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<DIV>I have been on both sides of small claims actions in NY state. Yes, you CAN
have a lawyer, but not required. OTOH, a lawyer friend of mine feels that anyone
who goes into a court room with out an attorney is not acting in their own best
interest. I don't believe, in NY that you can sue for Small Claims defense
damages, however, that does not prevent you from filing a seperate suit. As I
understand it, you have to show a monetary loss. In NY her part of the suit for
court costs and suffering would NOT be permitted in Small Claims. Only the
actual out of pocket expenses.</DIV>
<DIV> </DIV>
<DIV>Best advice from here. Sit down with an Atty, ask some questions, then go
with the recommendations!</DIV>
<DIV> </DIV>
<DIV>Terry T.</DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV>On Fri, 18 Mar 2005 09:51:56 -0600 Gray E Fowler <<A
href="mailto:gfowler@raytheon.com">gfowler@raytheon.com</A>> writes:</DIV>
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<DIV><BR><FONT face=sans-serif size=2>Terry, Tony</FONT> <BR><BR><FONT
face=sans-serif size=2>Right now I am of the mindset that we get a lawyer and
really slam her, then counter sue for court expenses. She is low income, does
not have a lawyer, and from my experience "Lawyer vs. No Lawyer" is usually a
slam dunk win. I really do not expect to get a monetary judgement but I do
want her to feel scared from a monetary point that if she keeps this up it
could cost her. I guess the question is -is it possible in small claims
court to counter sue for legal "defense" costs?<BR><BR><BR><BR>Gray
Fowler<BR>Principal Chemical Engineer<BR>Composites Engineering</FONT></DIV>
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