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Found 1 result

  1. Working on getting my costs back from my 2013 suit with Midland. It's been awhile, but I just got past my last SOL on my other accounts and decided to tie up this loose end. There are a few threads with people successfully getting their costs back, but not finding what I need so far. Quick recap: sued in 2013, followed CIC playbook, plaintiff dismissed the morning of trial. I filed the Memorandum of Costs within the proper time frame, plaintiff never filed a Motion to Tax. Per CA Rules of Court 3.1700, the clerk should have then have entered the costs on the judgment, of course that didn't happen A month ago I submitted a JUD-100 to get the ball rolling, it was rejected. I probably missed a few check boxes, but I didn't get an explanation anyway. For anyone reading this who hasn't discovered this yet, clerks are not dependable when it comes to knowing the code or knowing what to do in your particular case; I went back and, after 5 minutes of getting nowhere, I had to show the clerk a printout of CCP 1032 for her to understand why, even after a dismissal, I'm a prevailing party who can claim costs. My JUD-100: 02-21-2015-4.pdf The supervisor had to come out and help me and I resubmitted the JUD-100 along with a note. It was rejected again, but least I got a little more feedback (barely): "THE COURT DID NOT AWARD COSTS. PLEASE SEEK LEGAL ADVICE" - like before, it was rejected by the clerk of that department. The rejection: 02-21-2015-1.pdf I did hear one of the clerks downstairs mention me submitting a "Judgment of Dismissal" - there's no form for that, but I did find an example typed out on pleading paper. Wondering if that should be my next attempt? So far I've been rejected by the dept's clerk - since this would be written for the judge, maybe it will skip the person who, so far, has blocked my attempts and go straight to my judge? Thoughts? Judgment of Dismissal example: Judgment_of_Dismissal_Ameripec_.pdf