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.
Case taxed and disbursed
Started by
MzOHGirl
, Nov 07 2012 06:24 PM
4 replies to this topic
#2
adjusterjack
-
- Members
-
- 1,255 posts
Diamond Contributor
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.
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
-
- Members
- 2 posts
New Member
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
-
- Members
-
- 106 posts
Contributor
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_AHK
-
- Moderators
-
- 11,915 posts
Platinum Contributor
Posted 09 November 2012 - 03:15 PM
I agree with the previous poster, visiting the clerks office would be a good start.
0 user(s) are reading this topic
0 members, 0 guests, 0 anonymous users
