Thank you for your question. Please permit me to assist you with your concerns.To answer your underlying question, if this document is entered and becomes an order, it DOES NOT terminate your ablity to seek court costs unless the language in the order expressly limits your ability to seek such action. The small claims action and the order are not directly related unless he can later show that what he owed was already paid out. Further, you should (or at least can) include court costs as part of your cause of action right away, I am not quite sure why that did not happen and why you were not awarded court costs right away. Consequently adding those fees to your cause of action in small claims is valid and is something small claims judges routinelly award the winning plaintiff. The defendant's attorney is correct that Curcuit Court has jurisdiction over alimony, but small claims has jurisdiction over a breach of contract claim, and you can argue that this was a breach as it was not an issued order.Hope that helps.
When I filled out the Small Claims actions, I asked for the $600 payment plus court costs. I haven't had my hearing yet. It is scheduled for a futue date. But when the Defendant got the SC action, he then paid the $600, but not the court costs. So I did not dismiss the SC actions. Do I understand your answer to say that because he paid the $600 that I cannot collect the court costs? I only got paid because I filed the SC actions.
Betsy,Thank you for your follow-up. If he paid, then the cause of action disappeared. Therefore there is no need to bring it court as the underlying cause is no longer a cause of action. That would avoid him having to pay you the money for filing the cause of action. If/when you appear in court and the judge sees that the cause of action took place already under which you were compensated, there is no further issue in controversy. I wish I had a different answer for you, but he likely paid at his attorney's urging since when you accepted the funds, that negated the cause of action. I am sorry.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).