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I was sued. I paid. Case closed. He is sueing me again!?

Discussion in 'Small Claims & Municipal Court' started by cola, Oct 5, 2009.

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  1. cola

    cola Law Topic Starter New Member

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    Somebody sued me. I agreed to pay partial claims. the court agrees. Case closed.

    I received a document again suing me again with the same thing but added more information?

    I already paid the guy.

    Can I counter sue him with harassment?
    He is a Legal student so he is practicing on me.
    I don't want anymore of this but he just keeps on coming.

    again. I already paid the guy

    Please help
     
  2. jharris352

    jharris352 New Member

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    He's not a very good legal student. Case closed. You didn't provide many details but I can't imagine a fact pattern that would allow him to sue you with "more information." You can't counter, but the Judge will probably tell him to back off. This would most likely be a frivolous claim but I don't know if your state has a sanction for frivolous suits at the small claims court level.
     
  3. cola

    cola Law Topic Starter New Member

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    I have a feeling this will be throwned out but my question is
    How do I stop this guy from suing me?
    The court already ordered me to pay so I paid him.

    This guy is a LAW student. he is practicing on me.
    I am sick of it. Even my parents are getting worried about this.

    How do I ask a judge to stop this guy from suing me since I already paid him?

    Please help

    thank you
     
  4. jharris352

    jharris352 New Member

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    I think the Judge will chastise him for suing you frivolously. I would make a point of it to the Judge.
     
  5. cola

    cola Law Topic Starter New Member

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    How do I formally ask/tell the judge on my reply to stop him from harassing/suing me? since I already paid him

    my english is not that good

    thanks
     
  6. jharris352

    jharris352 New Member

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    Your English is fine. In your Answer. I don't know the substance of his claim but this issue is probably subject to res judica. That means simply that the issue has been decided and the Judge isn't going to reopen it.

    So in your Answer simply inform the Court of the past case where this guy received a judgment and you paid it. Actually state in the Answer that you are being harassed by a second lawsuit and ASK for the Judge to somehow protect you from frivolous abusive litigation from this man.

    If you ask for it, you might be surprised what will happen.
     
  7. cola

    cola Law Topic Starter New Member

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    I know this is a weak case for him but I want to make sure this will be the last time I deal with him. I think I will hire a lawyer but I am not sure how much it cost.

    Just to consult him on how to write my defense etc..

    When a judge already ordered me to pay (I paid him) can he still re open the case?
    this is bugging me. He is distracting my life
    How much does a lawyer cost? for like 1 hour service? (to help me with my defense)

    thanks
     
  8. cola

    cola Law Topic Starter New Member

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    From what it looks like he amended the case. He added more information after seeing my defence. Can he still do that? Judge already ordered me to pay. He already asked for the money so I paid him. Now he amended the case?

    He used my defense so he could get more money from me.
     
  9. jharris352

    jharris352 New Member

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    I wouldn't think so. But I'm not looking at your pleadings.
     
  10. cola

    cola Law Topic Starter New Member

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    Is the ORDER OF THE COURT final?
     
  11. dee_dub

    dee_dub Moderator

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    Is this a brand new lawsuit, or the same lawsuit with an amended claim?
    Depends. Some orders are interim or temporary.

    As jharris rightly said, if this has already been dealt with by the courts, he has no further claim against you. It is called "res judicata" - the matter has already been decide by the courts, and cannot be brought before the court again. But without seeing the pleadings - and I would add, without seeing the order - it is impossible to say what is going on here.
     
  12. cola

    cola Law Topic Starter New Member

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    Same lawsuit with an emended claim AFTER receiving the court order (to pay him, which I did already)

    Should I reply on his amended claim?
    Should I ask the clerk to order him to accept the payment (he already did)?

    This case will keep on going and going and going. I dont want it anymore. this guy is harrasing me for $16

    Should I counter sue? I just want this to end =(
     
  13. cola

    cola Law Topic Starter New Member

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    Also, is there a limit on how many times a plaintiff can ammend his claim?

    thanks guys
     
  14. jharris352

    jharris352 New Member

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    Claims can only be amended without leave from the court until a order has been entered. The Clerk can accept it, that means nothing. I would answer the procedure of the claim and not the claim itself (because your might get yourself in deeper). The Answer is very simple. We did this already. Plaintiff has has the opportunity to be heard on his claim judgment has be rendered and paid. Defendant avers this new amendment is frivolous and out of time, this case is closed. The Judge must first rule on whether to accept anymore pleadings before you have to answer the merits of the amended case itself.
     
  15. cola

    cola Law Topic Starter New Member

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    I was talking to 3 different lawyers today (free consultations)

    1 said, once it was paid and you got the receipt then the case is closed.
    1 said I should request clerk to dismiss the case since I already paid him.
    1 said the same case cannot be re opened once it has been closed.

    One of them is willing to help me to finish this case for free. She thinks the plaintiff doesn't have a case so she is helping me.

    I also learned that I don't have to respond to an ammended claim.

    but what is the next step?
    is the court going to send me documents saying I need to reply to the ammended claim?
    or is the court still deciding if they will accept the ammended claim?
    or will the court decline the ammended claim and send me a document
    about my case being dismissed?

    Thanks guys
     
  16. jharris352

    jharris352 New Member

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    If an attorney is willing to help you let her.
     
  17. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Was there a decision and an order in case number 1? You need to provide more information about case 2 - is it based on the same facts as case Is it related but not exactly the same? If so, put in an answer to dismiss the case as it has already been decided or adjudicated.
     
  18. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    What is an amended claim? I have never heard such a thing after judgment. For $16? You may even wish to report this to the bar of it is the misconduct you say it is. It's difficult to say what is going on without seeing the docents themselves.
     
  19. cola

    cola Law Topic Starter New Member

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    When is the best time to file a motion to dismiss a case?

    Here is the time line
    1. I was served with a lawsuit
    2. I replied
    3. Court ordered to pay. I paid. Plaintiff gave me the receipt
    4. Plaintiff amended his claim
    5. I replied the amended claim

    We are waiting for conference date right now.

    Question is, when is the best time to file a motion to dimiss the case?
    No point on going for conference when I already paid him

    Thanks in advance
     
  20. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I don't understand. If a judgment was rendered, the case is over. You cannot amend your claim later and somehow be awarded a higher judgment. How in the world was this accomplished? The whole point of court is to have your day to defend and this circumvents that process. Is there a judge that had to approve that motion? Or is this a hearing on that motion? I would guess it MUST be the latter, within which I would say that the case is OVER. The plaintiff had plenty of time to make his case and he did, dragging you into court. You even paid the judgment. Plaintiff is trying to manipulate the court system. If plaintiff's "amendment" is completely new, he should file a new case. If plaintiff's amendment is related to the issue already decided at trial, plaintiff's claim must be denied since this case was already resolved on the merits. It's over. If plaintiff didn't like the verdict he should have appealed. If plaintiff had other claims he should have amended the case while it was ongoing or ask for an adjournment of the case to a later date so he could amend his claim. I am missing a big piece here... so it appears.
     

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