Being Sued for $2553.55

[GypsyButterfly]

I had checked out the fee schedule, but, didn't see anything listed for the GD form. I did look over the fee waiver & I believe they want to know the value of your car(s) & home, etc. We have two cars & one is more of a luxury sedan. Both are paid for, as is, our mobile home. The only reason we were even able to get the sedan & home is, because, my father-in-law passed away in 2004 & their family home was sold. The amount, which was received from the sale, was divided between my husband, his brother & sister. Without that, we'd probably still be living in the apartment, with the one, 11 year old, car. The concern is, they'll figure if we can afford those, then, we should be able to pay $180. I suppose, we could add, the money for those things was from an inheritance. Though, that might not make a difference either.

What do we do at this point? Since we've given the form to the court, does the plaintiff's attorney need to answer or are they able to ignore it? If they do reply, would it be to the court, us, both? Just wondering how we'll know if we need to submit a discovery request. Thanks.

 

[dcatz]

OP – I didn’t mean to imply that the filing fee and the fee waiver form were related in the sense that the form would tell you the fee. On the same site on which the forms are posted is a link to every court’s web site. The fees are posted on the sites and are standardized throughout the state – i.e. tell me the amount in contention and I can tell you the fee for any court.

I’m not sure I’m clear on your other questions. Correct me as needed. By “given the form to the court”, I understand you to be referring to the General Denial, your Answer. That needs to be served on opposing counsel. It can be done by regular mail, and a Proof of Service should be attached. If you want to finally open a settlement dialogue, you might consider faxing it as well, so they know the litigation is going forward. I believe that this was also discussed previously.

The attorney does not need to respond to the Answer but may do so. It depends on what they think is the tactically appropriate “next step”. Unless they see something defective in your filing, I would expect that discovery will be initiated. Once you’ve filed with the court, you have the right to initiate discovery as well. I would suggest that you do it. You could even serve it at the same time as serving the answer. There are time limits to these steps. It doesn’t hurt to both “get the jump” and to prove you’re serious. In your case, I would also re-send the settlement overture, if you want that in advance of discovery responses.

 

[GypsyButterfly]

Hello, Dcatz. As I had mentioned previously, we had sent the General Denial to both the court & the attorney & did so by certified letter. The one from the court was returned, because, he hadn't put his name & our address in one place. So, last Mon, he walked it into the court & we mailed off a new copy to the attorney. They're in Southern CA. How much would it cost to file discovery?

 

[dcatz]

Nothing. The best things in life are free.

(Just kidding wih that last part, but a response must be at least 10 characters to submit.)

Discovery is your right as a litigant. Just prepare it and serve it. The only potential costs would be for any related motions that you might decide are necessary, and it's premature to discuss that.

 

[GypsyButterfly]

Hello, Dcatz & anyone else who has been following this. Just a little while ago we got our mail. In it was an envelope from the attorney. I start feeling a little nervous, not knowing what's inside. All it is is a copy of one form. This is what it is & what is marked. Request for Dismissal. TO THE CLERK: Please dismiss this case as follows: Without predjudice; Entire action of all parties and all causes of action.

It's probably obvious, but, I want to make sure this is what we think it means. They're no longer going to pursue action against my husband. Do we need to file a response? Letting the court know we agree with this? The bottom half of the form seems to be for the defendant. Is there any reason a judge would deny this? Thanks again for your help.

 

[dcatz]

It’s what you think it is. No response is needed. You’d only use the bottom if there was a Cross-Complaint. The case is finished. Congratulations.

A judge won’t even see it. It will be rubber-stamped by a clerk. I don’t even expect them to send you a conformed copy. You can write and ask, so you have a record. Otherwise, give it a week or so and check the court case summary online just to be sure it has been entered. You’d probably better off just buying a copy from the court, if you want a “hard” record. About 75 cents.

I’m pleased for you. I’m also angry as hell. Do me a favor and PM the name of the firm or attorney. Karma can be a nasty thing. I hope they’re in my courts.

They dismissed without prejudice, which means that it could be re-filed but it won’t be.

You could file a request for costs (your filing fee), but they even made that difficult with the “no prejudice”. However, you could file it, and maybe somebody has to drag their tail to your court to defend, and they won’t.

Then, if you did get an award, you’d still have to enforce it against the plaintiff. I don’t expect these guys to just write a check. The right is there, but I don’t think you’ll find it’s worth the time and trouble. The $180 is a tax-deductible legal expense. And they lost that and more to get you served.

Well, good luck. I thought this might at least go through discovery. I would have sent you a little more than you were already given, but it appears unnecessary. Long thread. Just give me the names sometime.

 

[GypsyButterfly]

That's certainly a weight off our shoulders. Glad I came out here for advice. It was either past the statute of limitations(which they may have already known)or their client figured they'd be paying more in fees than what we owed them. Either way, we're glad to be rid of them.

It makes us wonder, though, how many other people they've done this to. No doubt, some people probably went to court & even had to pay on it. Some of those may not have even had to. Guess they thought we'd just roll over & do whatever they wanted. Didn't count on us actually doing our homework. PM is on the way. Please let me know you received it.

 

[GulfBreeze]

That's certainly a weight off our shoulders. Glad I came out here for advice. It was either past the statute of limitations(which they may have already known)or their client figured they'd be paying more in fees than what we owed them. Either way, we're glad to be rid of them.

It makes us wonder, though, how many other people they've done this to. No doubt, some people probably went to court & even had to pay on it. Some of those may not have even had to. Guess they thought we'd just roll over & do whatever they wanted. Didn't count on us actually doing our homework. PM is on the way. Please let me know you received it.

glad things worked out. See, sometimes what we say can help....even though some here will say that my advice is useless and wrong. It can work most of the time. The planitiff in my case is refusing to answer my discovery. It just might be what I need to dismiss mine.

 

[dcatz]

The PM was received. Thank you.

I attempted to respond and answer your questions, but you have PM closed and I could not.

I hope it will suffice to say that I am an attorney, and your speculation was reasonably accurate but not perfect. I'm sorry to appear cryptic, but I feel there are professional limitations on anything other than that discussed online, and I suspect that's sufficient in any event.

The information has been noted. I would speculate that karma will assert itself.

Again, good luck to you.

 

[GypsyButterfly]

My pm setting was only for mods & friends, but, I thought I had unchecked it yesterday to allow everyone. It's that way now, if, you ever choose to send me a message thanks.

 

[dcatz]

The response went through. As long as the conclusion of the case was ok, it's been fun.