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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7305
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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This concerns attorney malpractice: I hired an attorney and

Customer Question

This concerns attorney malpractice:
I hired an attorney and he filed a Rule 11 Agreement without my consent.
I filed a Small Claims Action against him for breach of contract.
I wrote the incorrect amount of money down on the filing. ($11,000.00 instead of $5500.00)
Judge Raleigh dismissed the case without prejudice.
I was told here by JustAnswer I could refile the case to Small Claims Court again with the correct amount.
The Attorney filed a motion for incorrect jurisdiction. The matter had already been ruled upon. The Judge dismissed the case with prejudice. The attorney then counter sued me for his time, $500.00. I have 14 days to appeal.
I now appeal in County Court.
If I appeal what steps do I need to do?
If I request a jury trial, does this matter start from scratch again or what?
Rules of evidence will apply. In SC Action I can bring the emails I received and sent. Will I need to Motion for Discovery so I can get the emails that were sent between us. Or can I submit the same emails that would have been used in Small Claims Court.
Submitted: 9 months ago.
Category: Legal
Customer: replied 9 months ago.
If I do not pay his $500.00 he will need to sue me for that money. Will I be able to bring up why I did not pay him, based on no consent for the Rule 11 Agreement. Or will that not matter if he sues me to collect his $500.00?
Customer: replied 9 months ago.
Can I appeal only the $500.00 and then refile in County Court for the original breach of contract?
Expert:  Irwin Law replied 9 months ago.

Thank you for using Just Answer, but I'm confused about what is happening. You don't say that a judgment has been entered against you. Therefore, what are you planning to appeal? You say the attorney countersued you. That means that you are already being sued by the attorney. How is that possible when the case was dismissed? You probably can't file a malpractice case in small claims court, and that's why it was dismissed, but I'm just guessing at that.

Customer: replied 9 months ago.
You are getting only the latter portion of what I sent in as a question.
I was suing my previous attorney for filing a Rule 11 Agreement without my consent.
The first trial in SC Court I entered in the wrong amount.
Judge dismissed the case without prejudice.
I refiled the same matter in SC Court again, this time with the correct amount.
The judge dismissed that case with prejudice.
In the second trial the counter claim was for the attorney's fees, $500.00.
The question:
How do I file in County Court?
I believe the Judge in SC Court was in error, how do I get the matter remanded back to SC Court or can I?
If I do not pay the $500.00 for the attorney's fees, if he sues me can I counter claim and bring the reasons, the Rule 11 Agreement without consent, as to why I did not pay the $500.00?
Expert:  Irwin Law replied 9 months ago.

In the second trial the counter claim was for the attorney's fees,


When the judge dismissed your complaint in small claims court did the judge say anything about the attorney's counterclaim for fees? If that part of the case is still pending, then you must defend it, or suffer a default judgment for the $500. In order to appeal an adverse decision in small claims court the usual procedure is that you pay a appeal docketing fee and it gets sent to your Superior County Court where you have an opportunity to file a formal complaint and the suit goes on from that point. But you have to check out your local small claims court procedure to make sure that's how they operate.

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Customer: replied 9 months ago.
This is Texas and I would appeal in County Court.
The judge granted the counter claim for fees. "It is further ordered that the Defendant shall recover $500.00 in attorney's fees from the plaintiff." So if I appeal, am I appealing the $500.00? Or, in County Court can I get the case remanded back to SC Court because the SC Judge made a mistake and you can refile a matter when the judge dismisses the case without prejudice.
If I do not pay the $500.00 and get the default judgement how do I attack that?
Expert:  Irwin Law replied 9 months ago.

Check your local court's rules about appeals, but the way it typically works is that once your appeal has been filed in small claims court, it goes to County court and everything starts over with new pleadings, discovery etc. There is no remand to the small claims court. All decisions and any judgments would be entered in the County Court.