I was bitten by my neighbor's dog. I contacted a injury lawyer, and asked for settlement with their insurance company. Unfortunately, they refused to offer the insurance info.
The lawyer filed a claim against them, hoping they will give out the info. The neighbors claimed since they paid me for my medical bills, the matter is over.
The lawyer decided the case for not feasible for them, asked me to dismiss it and file a small claims case instead.
I filed a small claims case, and they file a counter claim for the legal help and filing fees from the first case with the lawyer, stating it was excessive/unneccessary b/c it did get dismissed.
If I win my small claims case, and they win their case, will the judgements be two seperate judgements, or will my judgement be reduced by the defendants counterclaim? It does seem like two difference issues.
And if it is two judgements, if I pay the judgement immediately, will it be on my credit report? Will it be treated negatively?
2007-02-16 09:59:12 · 6 answers · asked by Mac 1 in Politics & Government ➔ Law & Ethics
The answer is that in most courts judgment on each claim is renedered separately (making each one appealable on its own merits). Of course, if the judge finds for you and for the counterclaimant as well, the net result is that your judgment is reduced by the amount of the counterclaim.
And no, if you pay the judgment immediately and no lien or garnishment is filed, it won't show up on your credit report.
2007-02-16 10:09:07 · answer #1 · answered by Playboy 2 · 0⤊ 0⤋
The counter-declare would desire to have been filed on the time of the unique tournament. the different occasion can not come back later and initiate a clean trial for the offsets. as quickly as a judgment is rendered, the different section could the two pay, or attraction the determination. And jointly as attraction policies selection by ability of state and jurisdiction, maximum appeals could be filed interior of 60 days. If the different individual does no longer pay you interior of a month or 2, and does no longer report a appropriate attraction of the determination, then you definately can bypass lower back to courtroom and ask the decide to reserve garnishment of wages, or seizure of sources (economic business enterprise debts, and so on.) to fulfill the judgment. on occasion which would be executed in an identical small claims courtroom, on occasion it demands a separate civil action in state courtroom. all of it deoends on the close by jurisdictional policies.
2016-11-23 13:50:11 · answer #2 · answered by shepardson 4 · 0⤊ 0⤋
You have a valid bodily injury claim. Pursue it. The other party does not have a valid counter-claim. Ask the judge to dismiss it.
Sounds like your attorney may have an ethics violation problem. If you signed a contract, he has an obligation to represent you. Losing interest is not an option.
Try another attorney.
2007-02-16 10:05:14 · answer #3 · answered by regerugged 7 · 0⤊ 2⤋
if your neighboors already paid your medical bills....
then what is your problem?
you and so many other BAD Americans, take situations like this at try to sue soemone for a quick buck.....it makes me sick.
Hello? your attorney wanted you to dismiss it for good reason....he knew you did not have a case. Why are you so desperate to get more money out of your neighboors?
2007-02-16 10:05:16 · answer #4 · answered by pepsicolastar 3 · 1⤊ 2⤋
why did you take them to court if they paid your medical bills? you see all the mess you got your self into just for being greedy.
2007-02-16 10:08:10 · answer #5 · answered by Mrs.lady 2 · 1⤊ 1⤋
poor dog
2007-02-16 10:02:00 · answer #6 · answered by Anonymous · 2⤊ 0⤋