Tuesday, 21 January 2014

I won a magistrate court case. The defendants appealed. Now the case will be ruled under the civil practice act. The amount of money in ques...

Question

I won a magistrate court case. The defendants appealed. Now the case will be ruled under the civil practice act.

The amount of money in question is less than the cost of an attorney.

This is very stressful, and I'd like to do whatever needs to be done to not have to go through this. Do I file a motion to dismiss? Please let me know.

Thanks!



Answer

If the only issue is your claim against the other party, call their lawyer and they may be glad to draft a dismissal. Otherwise, you might file a motion to dismiss (and, of course, lose the case). If they have a counterclaim or a claim for fees or sanctions, they may or may not agree.



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