Jump to content

Can I get a refund of Appearance fee if cased withdrawn


Flpr
 Share

Recommended Posts

Hi All,

Sued in Cook County Small Claims. Plaintiff filed MTD BEFORE trial but after pre-trial motion by me was heard (and denied).  Can I get my appearance fee of about $200.00 refunded to me? Did a request for refund have to be done at the time of the hearing on plaintiff's MTD?  

 

Link to comment
Share on other sites

7 hours ago, Flpr said:

Thanks for the reply Harry, haven't read through the applicable  cc agreement yet. I'm  wondering if the filing, by the plaintiff, of a MTD is considered "losing". Your thoughts? 

In general, you would be considered the prevailing party if they sued and then dismissed.  On point caselaw controlling on your court will give you the answer.

Link to comment
Share on other sites

10 hours ago, BV80 said:
 

Would that be up to the credit card agreement or state law?

Most jurisdictions follow a 'each side bear their own costs' rule.  Most jurisdictions also have a 'unless there is a contract that says looser pays' exception to that rule.  I'll be the first to admit I know nothing about Illinois civil procedure, but I was thinking the first place to start would be the agreement and go from there.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.