In small claims court when the Plaintiff walks away of a frivolous lawsuit, by simply failling to appear to mediation
but just to not to lose on the counterclaim goes back to court and alledges being late for mediation. The lawsuit is stuck now since he knows he will loose. How can I get back my Attorneys fees and court costs, since he provoked the facts sue me frivolously with corrupted witnesses ( that never really testified their lies )? What about my counterclaim?
If someone were sued in small claims court, and counterclaimed, and at least one of the parties did not appear for mediation due to being late, the court may require that mediation be attempted again, since the original complaint and the counterclaim would still be "live", so that even if the plaintiff dropped their complaint, the counter-claim may still be heard.
If one wanted to be awarded court costs and attorney fees (assuming they had an attorney), they would have to specifically ask for that - it would help to have that request in the counterclaim, as well when arguing the case in open court. However there is no guarantee one would receive any or all of what one asked for - that would be up to the judge.