SilenceMakesMeSick Posted September 18, 2010 Report Share Posted September 18, 2010 I apologize in advance for the rookie question but I did a quick search before posting and didn't see an answer.I understand as a Pro Se Defendant I can't ask for attorney fees etc. because I'm not a licensed attorney. However I believe I can ask for costs correct?In my original answer I did not include any counter claims. I may have had one for a FDCPA violation but I wasn't clear it would definitely be something I could adequately defend. I didn't want to rock the boat..and I was hoping maybe the junk debt buyer would go away when they saw I wasn't going to let a default judgment be entered.I now have a hefty little bit of change wrapped up in defending this crap. Sending everything CMRRR adds up quickly. On top of that I have a few motion fees. Other postage...fees for copies. Those along with the fact that the court house is a half hour away and I have to pay parking fees every damn time I go...you get the idea.I know I likely can't get mileage, parking etc but I should be able to recover CMRRR mailing fees and motion fees IF I WOULD WIN correct? If a JDB brings a case and evidently has no real evidence to prove their case then I would think they should be responsible for repaying some of my costs.How do I go about asking for recouping my costs in this case? Do I have to ask to ammend my answer to include a counterclaim for costs? Does this have to be done in a written motion or could I easily do it verbally at the next pre-trial? Link to comment Share on other sites More sharing options...
debtorshusband Posted September 18, 2010 Report Share Posted September 18, 2010 Here in California the court provides many convenient forms, including this Memorandum of Costs:http://www.courtinfo.ca.gov/forms/documents/mc010.pdfPerhaps you can use it as a model.There is also an associated worksheet:http://www.courtinfo.ca.gov/forms/documents/mc011.pdfAfter you win, you would serve and file a document like this, together with a Request for Judgment for costs.Good luck,DH Link to comment Share on other sites More sharing options...
SilenceMakesMeSick Posted September 18, 2010 Author Report Share Posted September 18, 2010 Thanks so much DH! I wasn't sure whether I had to ask for costs in my answer or how it worked. I'll definitely look into whether or not the court has forms similar to the ones you mentioned.Thanks for the help and prompt response. Greatly appreciated. Link to comment Share on other sites More sharing options...
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