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army judge
Super Moderator
army judge
Super Moderator
Google, Bing, Yahoo, as do the other search sites do a great job at pointing us in the right direction.
army judge
Super Moderator
Yeah, those are meant to instruct recalcitrant, uncooperative people in doing things others do daily; say like taking a shower, or washing your dirty clothes, or changing your dirty clothes. LOL
UPDATE. So the seller came out with her contractor. I had one with me also to make sure there was no funny business. Her contractor saw all the things that weren't done and agreed that they did in fact need to be repaired. He also found a few other things that fell within the parameters of the amendment to address concerns that needed to be repaired. He went up on the roof and confirmed the damaged siding and the missing guards and hanging gutters. She said that when he sent her the quote for the repairs she'd forward it to me. That was in December. I have not heard a word from her. We assume it's because she was unhappy with the price he quoted her.
I listened to the advice you all gave and didn't file the motion to dismiss without prejudice and to just let the judge rule. I have not heard anything from the court either about coming back in for the judge's ruling. Do I need to call to arrange that? She said she was giving us till the end of December to try to work it out and then she'd rule.
When we filed the clerk said she couldn't give us any advice or direction so im completely unclear on how to move forward.
Can I ask her contractor for a copy of the estimate for my house even if technically the seller was his client? Thanks on advance again all
I listened to the advice you all gave and didn't file the motion to dismiss without prejudice and to just let the judge rule. I have not heard anything from the court either about coming back in for the judge's ruling. Do I need to call to arrange that? She said she was giving us till the end of December to try to work it out and then she'd rule.
When we filed the clerk said she couldn't give us any advice or direction so im completely unclear on how to move forward.
Can I ask her contractor for a copy of the estimate for my house even if technically the seller was his client? Thanks on advance again all
army judge
Super Moderator
In many small claims courts judges take the case under advisement, meaning the judge studies or researches the matter before making a ruling.
I would confirm any next steps required of you with the clerk.
Clerks will normally answer procedural questions.
Thank you Army Judge I'll give them a call today!
Well I called on Tuesday explained to the clerk that we had already had a trial in early November and that the judge took the case under advisement. I explained that we hadn't heard anything back yet and would like to know what procedures or steps we'd need to take next. I told her about the two forms we were given and that we filed neither because we wanted her to rule on the case. She looked our case up and said only that the case was "checked out by the judge still". That's it. I asked her of we needed to do anything and she gave me an unsure sounding no. Sigh.... after almost 6 hours of evidence and cross examinations I really wish she had just ruled in the case then and there. I don't understand dragging this thing out.
Where do I go from here? The judge said she was taking the case under advisement back in November . As of today I have not heard a single word from the courts. Have called I have left messages with the judge's assistant. Nothing. No feedback no follow-ups. And of course I have not heard from my sellar. She got the quote from her contractor that she brought here. According to him he sent her the quote within the week did they came. And he hasn't heard from her either. We both feel that she didn't like the price of the quote. Any advice would be very appreciated as I want to get this ball rolling again so we can finish this. Thank you all very much.
zddoodah
Well-Known Member
How? Pretty much the same way this thread has been dormant for seven months.
I once had a judge sit on a batch of motions for 2 1/2 years. Of course, that case was probably a heckuva lot more complicated than your case (I haven't read through this thread), but it's not all that uncommon three or more months to pass. It all depends on how understaffed the court is and what the judge's work load is like. Obviously, this is something you should be discussing with your attorney.
We dont have an attorney since its small claims court. I got pretty great advice here.
army judge
Super Moderator
http://magistrate.cobbcountyga.gov/downloads/intro_smallclaims.pdf
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Please keep in mind, mate, that if at any time the defendant or plaintiff files for bankruptcy; the case must be stayed pending the outcome of the bankruptcy hearing.
Have you investigated IF your defendant has filed for bankruptcy?
You can try looking for such a filing here:
Find a Case (PACER)
Bankruptcy Records Lookup - SearchQuarry.com
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