WON ag Fred Hanna but now they want amendment

[requester123 10]

Thanks to everyone on this forum for your help support and contribution. I won ag Fred Hanna and they just voluntarily dismissed without prejudice BUT 2 days later another different lawyer of their firm now files an amendment of the alleged debt. Can they do this right after they dismissed and it's the SAME CASE #. What do I do next?

[Chapel Hill 47]

I won ag Fred Hanna and they just voluntarily dismissed without prejudice BUT 2 days later another different lawyer of their firm now files an amendment of the alleged debt. Can they do this right after they dismissed and it's the SAME CASE #. What do I do next?

[requester123 10]

Since they claim this is amendment to a second paragraph of their previous Complaint and then just wished to replace the alleged amount with another amount, shouldn't this be treated as a new Case#? Why do they refer to the case # that they just dismissed 2 days earlier? Do I start Affirmative Response, Discovery, Interrogatory, Admissions of Facts Processes all over again which would take another 8 months to a Case # they just voluntarily dismissed?

[Leadhead 11]

Did you receive any documentation from the court showing the case was dismissed?

[requester123 10]

I have a copy of the Dismissal Document signed by Fred Hann lawyer and he also filed a copy with the Court Clerk in my presence following Judge's order.

[MustangGrrL027 20]

Did you win your case in magistrate court? What court is the new case filed in?

[requester123 10]

State Court; State Court

[BV80 2,793]

Have you read your court rules about filing an amendment, and if it's allowed on a previous case?

[Prosay 16]

Since they claim this is amendment to a second paragraph of their previous Complaint and then just wished to replace the alleged amount with another amount, shouldn't this be treated as a new Case#? Why do they refer to the case # that they just dismissed 2 days earlier? Do I start Affirmative Response, Discovery, Interrogatory, Admissions of Facts Processes all over again which would take another 8 months to a Case # they just voluntarily dismissed?

Since they ref the same case number...heck I would just answer, use the same docs as you used before. Or if you wish...file a MOTION TO DISMISS with the court , stating your reasons as this particular case has been previously dismissed w/o prejudice, and your position remains the same as previously stated to the court ( unless you have additional comments to add )

[Chapel Hill 47]

From what you said you won. So best practices would dictate you do exactly what you did before.

If this were California I would strongly suggest you file a cross-complaint. With you having a live action these bastards couldn't dismiss without prejudice only to raise the same issue. In order to get out of the litigation you would have to dismiss your action as well. Of course you wouldn't dismiss without cash from the cross-defendant and their dismissal WITH prejudice with your doing the same.

First Georgia law related to cross-actions. I wouldn't let em run this same game again. Otherwise they will cut and run when it gets time to put on their case at trial.

[requester123 10]

County Clerk says this case is closed once it was dismissed.(even though Fred Hanna still tried to amend 2 days after case closed).....so I guess there's not much I can do.

[SECLG 12]

If the case was dismissed then they have to refile. They will have to pay a new filing fee and the case will be given a new file number.

[MustangGrrL027 20]

yup, they did that with me. they dismissed their magistrate case and refiled in state.