requester123

WON ag Fred Hanna but now they want amendment

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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?

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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?

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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?

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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 )

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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.

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