joeyjoe68

Won my case.......or did I??

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I guess i can put this here too.....went to court today and won my summary judgement against the Plaintiff for over 30k!!! now i just need to get the money xdancex

The above is a copy of my posting back in August for a case i won against a CA, or at least i thought i did and am now confused on what to do.

I was sued by a CA in July of 2007. FIled my answer and asked for validation. Sent other attorney several requests for discovery and filed a a counter claim for violations of the FCRA and FDCPA. After not getting any response from other attorney for a year i filed to have the case put on calendar and went to court in August asking for my counter-claim (violations and punitive damages). Other side didn't show up and i was awarded the judgement. When i went to file the order after the judgment hearing, i guess i didn't do it right. The judge sent it back and asked that i correct it, but he didn't give me any information of what was wrong other than that the amount that the court had down was $1100. The problem was that the $1100 was the amount the plaintiff had originally filed for and not the 33k i was seeking in my counter claim. So i re did the order to the best of my ability and refiled it with a note to the judge explaining the $1100 was the palintiff's amount and not mine. A couple weeks later I get a letter in the mail saying the judge wants me to come in for hearing for clarification. So i go to the hearing and this time an attorney for the plaintiff actually showed up. The problem was that we had a substitute judge that day and he didn't know why the original judge wanted clarification so he postponed the hearing until Jan. 5th. Now just a couple days ago i get a Motion for Summary Judgement from the attorney's office seeking the original amount of the suit. They added a bunchg of account statements and an Affidavit form some lady at the CA. SO now what do i do? The judge has already made a ruling in my favor, they weren't there the day of the hearing to contest anything. They had a year to get those document to me and never did. I did find out after i tried to file the second order that the justice court limit for suits is 10k, which i missed prior to all of this, and i dont know if that makes a difference either. The judge ruled on my motion to Preclude and for Summary judgment on my counter claim.

Do i need to file something prior to the hearing? how do i squash their motion? They never sent me anything prior to this motion and i have all documentation to show how many times i asked for documents and paperwork and they never sent them to me.

Any ideas?

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Was the CA's claim dismissed and how dismissed? With or without prejudice? If it was dismissed with prejudice then the CA shouldn't have a leg to stand on. The only issue should be your Counterclaim.

The CA could, however, try to have the judgment vacated, which, according to your post, it is not.

Looks like the Court awarded you $1100, which was within its jurisdiction. If you continue to ask for 33 then you would need to bring the action to the higher court. Since the matter has been adjudicated in the lower court I think this action would be precluded. I forget the fancy term but once a Decision has been made another court generally won't hear the matter.

Looks like your time for an appeal on the Decision has passed also.

I'd say take the $1100 and a dismissal with prejudice. If the action was dismissed without prejudice demand that the CA refile its case as the original has already be adjudicated.

You could then ask that the CA give you money in lieu of it spending money on court action for a case it probably cannot win.

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Well part of my counter-claim was to have it dismissed with predjudiceand i have the court minutes which show that my motion to preclude and for summary judgement was granted. even the substitute judge noted that he could see the judgement was granted.

The new motion filed by the attorney is a basic summary judgement with no mention of ANYTHING that was filed previous to this. It definitely is not any attempt at having my judgement vacated. It's as if they are treating it like nothing has happened since they filed the original. They even state in the new motion things which are blatently false, such as i never requested any information or disputed any of their claims.

I was going to use the heresay claim for the affidavit and the statements are ALL copies with no signature or anything on any of them. And i was wondering if it is the monetary issue on the counter-claim, wouldn't the court have to grant the request i asked for as it was ruled upon and the amounts asked for are clearly stated in all documents filed by me? Wouldn't the judge have had to say something about the amounts and the amount is was granted at the hearing. no amounts were discussed at the hearing.

But my main question i just want some more clairifcation on is that since a judgement was ordered in August on the matter, and even though nothing has been signed and filed, can the CA really do anything about it like they are trying to do? Or since it hasn't actually been filed can they still try to fight it? As for an appeal, does the time for an appeal start after the day of the judgement or does it start after the day the order is filed?

Thanks guys for the help, i am still learning as I go on some of this stuff and you guys are all great.

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It seems at this point you are cunfused, and you realy need a lawyer now.

By your post you have a judgement against the CA and now the time has past for them to fight it, the question is the amount of the judgement, and you also may have run out of time to correct it, now the CA is filing new motions to try and mitigate the damage........I would file a new suit not related to the old , but in direct relation to the CA's new ploy.......Get a Lawyer.

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To beging with...I believe you would have needed to file a "notice of appeal" within days after the Decision.

Secondly, if a judgment has been issued concerning this action, then the action is done. The only way I know of to revive the action is through vacating.

I don't know how to file it exactly but you should research praecipe. This is an order that the judge would sign for the sheriff to go after the judgment money. CA's use it all the time when they garner a judgment.

When you go to the hearing take a blank praecipe with you for the judge to sign.

If it becomes complicated at the hearing you can ask for a continuance to seek advice from a lawyer.

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thanks Lecasbas. i was thinking the same thing. As far as I can tell the judge only wants the hearing to clarify the amounts in the order.

It's also wuite obvious that this attorney's firm really has no clue what they are doing. The day of the last hearing, the sub judge called another case in front of the court, from the SAME ATTORNEY'S OFFICE, for the SAME PLAINTIFF, immeditely prior to ours being called, and the attorney had no clue what the case was about and no one else from his firm was there to represent.

I am really not to worried about anything with this i just want to make sure i have my P's and Q's ready just in case.

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According to your Counterclaims you asked that the action be dismissed with prejudice. You were awarded that judgment. I don't understand how the Plaintiff can now come forward with a MSJ without first vacating the judgment.

That being said, I don't know what motion you would file to counter since the the action is adjudicated. There is no point in responding to the MSJ since the MSJ is pointless itself.

I'd say go into court with a blank praecipe (research this because I'm not sure) for the judge to sign. If you can see where things are going the wrong way then ask for a continuance to confer with counsel.

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Good question. I think that the relevant facts aren't being communciated properly.

No, i have told you guys everything. I am in the same boat as you, the have asked for nothing more than a MSJ. they haven't even ackowledged the fact that the sub judge told the attorney that judgement was granted.

So i am thinking the same as you, i will just go in to court with the papers you suggest and see what the judge says. Judgement was granted as I requested and i am going with that.

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