What happens if....

[Bele Chere]

What is the name of your state (only U.S. law)? NC

I have all the paperwork ready to file a small claims case for money owed to me. I am only owed $247 and it will cost almost $100 to file and have the other party served a summon by the sheriff.
If the other party sends me a check for the $247 after the case is filed what should I do?
Would I be able to notify the court to cancel and would my filing fee be returned or should I not accept the payment and continue on with the case since I'm sure I'll win and am asking for court costs (filing fees)

 

[JETX]

Would I be able to notify the court to cancel and would my filing fee be returned or should I not accept the payment and continue on with the case since I'm sure I'll win and am asking for court costs (filing fees)

Your call as to what you do... but you will only get a return of your filing fees and service fees if you win.

 

[Bele Chere]

I am sure I will win. I have all the papers proving it is owed to me.

So, could I keep his check, not cash it, and still have the case heard, so that I'll recoup my filing fees from him by judgment? I could cash the check immediatley after and then put a levy on his account for the filing fees won. Would that be legal or would I have to send the check back to him before the case is heard and risk him not paying the judgment?

The other party is a bully and probably isn't giving me what he owes only because he thinks I won't take him to court.

 

[racer72]

So, could I keep his check, not cash it, and still have the case heard, so that I'll recoup my filing fees from him by judgment? I could cash the check immediatley after and then put a levy on his account for the filing fees won. Would that be legal or would I have to send the check back to him before the case is heard and risk him not paying the judgment?

Neither plan will work, the defendent will claim that the amount you are suing for ($247) has been paid. As stated above, you will only be awarded court costs if you win. If you have been paid, you will not win. A lot of judges may take a dim view of you continuing a case by returning the check just to collect the court costs.

 

[Bele Chere]

O.K. Thanks for your reply, you've benn very helpful. I will go ahead with the case anyway, because he may not even send a check after recieving the summons. Maybe I should send him ANOTHER certified letter telling him the case will be filed on a certain day and he'll end up paying more if I don't recieve my money with in 10 days (or less, because he is only a couple of miles away).