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INFOLAWYER, Attorney
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i am being taken to small claims court by an attorney that

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i am being taken to small claims court by an attorney that took over an orthodontic bill for my daughter (cosmetic reasons not medically necessary) that wasnt paid by my ex wife. first of all he took her to court and they settled on a total, she paid, and the bill was satisfied. now he says there is $1500 more owed and wants me to pay it. i have a copy of her receipt, the amount owed showing what she paid was the amount owed plus fees. i also have a copy of the bill. the thing is, i went to court with her over 3 years ago and the court decided that i was responsible for $1000 of the total bill. they then took that out of my check at a rate of $25 a week. i have satisfied my responsibility as determained by the court, over a year ago. i live in northern indiana and this court is down in indianapolis which is 3 hours away. i have to lose a whole day of work plus time and gas for this when its not my responsibility. can i counter sue him for that? if so, how do i go about that.
Submitted: 5 years ago.
Category: Legal
Expert:  INFOLAWYER replied 5 years ago.
You should move to dismiss the case on the basis that the matter is settled. Once the case is dismissed you can sue for malicious prosecution.
Customer: replied 5 years ago.
how do i move to dismiss the case?
Expert:  INFOLAWYER replied 5 years ago.
You ask the court to dismiss it and raise the defense of settlement in your answer.
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 51103
Experience: Licensed attorney helping individuals and businesses
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