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Last month, Maine Lawyers Review featured a case that Pine Tree staff attorney Emma Halas-O'Connor recently won in the Maine Law Court.
In this case, Emma had sued a landlord in small claims court on behalf of two tenants who struggled to retrieve their security deposits after moving out of a rental due to a cockroach infestation. The tenants won their case and were awarded both damages and attorney's fees. The landlord appealed, arguing that the tenants were not entitled to attorney's fees because their damages award of $6,000 already reached the maximum "debt or damage" allowable in a small claims action (the maximum has increased to $10,000 as of Jan. 1).
On appeal, Emma successfully argued that if a plaintiff sues in small claims court and is awarded their attorney's fees, those fees do not count toward the limit set for "debt or damage." This clarification will help promote the enforcement of consumer protection laws like the security deposit statute at issue in this case, and will help more people confidently seek justice without worrying how complex or time consuming their case may become.
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