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Case taxed and disbursed


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#1 MzOHGirl

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Posted 07 November 2012 - 06:24 PM

I settled a lawsuit recently for the exact amount listed in the court papers. I asked for a status of my account and the attorney representing the creditor sent a letter stating that I still owed $300. This is also the amount it cost to file the lawsuit. Shortly afterward I received notice from the court of when the case was scheduled. The plaintiff filed for a dismissal 'with predujice at Plaintiff's costs' pursuant to Rule 41(A)(1). I am in Ohio. I checked the courts online docket and it shows the case as 'taxed and disbursed'. I haven't received anything from the courts since they sent me a notice of when I was to appear in court. My questions are do I still need to appear in court and do I still owe the $300? Thanks.

#2 adjusterjack

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Posted 08 November 2012 - 05:25 AM

When it doubt, the safest course is to appear in court at the appointed time.

Otherwise you risk something happening by default that you can't fix.

I suggest you get yourself a complete copy of everything in the case file and look for a "Satisfaction of Judgment." Without that, the case may still have a tail.

Court costs are generally specified on the judgment but on a separate line under the amount of the judgment and then a total of what you owed. If you paid the total, including court costs, then you shouldn't owe anything else and that might be why the costs were dismissed - somebody realized it was an error.

But I still suggest you go to court if the hearing date is still an open item.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 MzOHGirl

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Posted 08 November 2012 - 05:58 PM

Thanks for the help. I am going to the scheduled case management conference next week. So far I don't think there has been a judgement issued. I've kept a copy of everythign the court has sent me as well as everything from the creditor's attorney and my responses. How would I go about getting a complete copy of everything the courts have? Thanks.

#4 doucar

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Posted 09 November 2012 - 12:21 AM

Thanks for the help. I am going to the scheduled case management conference next week. So far I don't think there has been a judgement issued. I've kept a copy of everythign the court has sent me as well as everything from the creditor's attorney and my responses. How would I go about getting a complete copy of everything the courts have? Thanks.


Go down the the clerks office, review the file, and pay for a copy of anything you do not have.

#5 FindLaw_Amir

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Posted 09 November 2012 - 03:15 PM

I agree with the previous poster, visiting the clerks office would be a good start.
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