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if a judgment was entered in order of the defendant and court

 
 
 

Customer Question

if a judgment was entered in order of the defendant and court costs were not awarded to the defendant (in writing by the judge) can the court costs be reversed..
at the time the official judge sided with the defendant she mistakenly was confused and thought that the plantiff had paid the court costs when in turn it was the defendant that did; the plaintiff was granted a paupers petition yet the judge thought the defendant was issued the paupers petition! So in conclusion the plantiff did not legally recover the amount they were sueing for. So is the defendant able to recover thier court/trail costs? even if the judge crossed out the official wording on the order that cost to the defendant would not be awareded?

Submitted: 1005 days and 6 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

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just contacting your website.

 
 
 
 
 
 
Posted by MShore 1005 days and 6 hours ago.

Response From Expert

just to be clear, who won the suit?

 
 
 
 
 
 
1005 days and 5 hours ago.

Customer Reply

the defendant won the suit. they were being sued for unpaid child care costs. BUT.. it was the plantiff that lost out for the judge sided with the defendants that owed me money. i know that she mistakenly misread the original paperwork filed for when her decision was given to us (plaintiff and defendants) the defendants then quickly asked for thier court costs to be reversed and she had a dumbfounded look on her face and responded to them? " what do you mean didn't you file a paupers petition? and they also responded to her in a dumbfounded manner and displayed their proof of payment to the circuit clerks ofc. of $1,200. Each defendant filed seperatly for they are not married. so the official filing fees are $2,400. This case went to trial so that I may be granted the $300 dollars I was claiming. The defendants were able to pay $2,400 in filing fees but the judge did not make them pay me $300. In conclusion she thought it was I.. The plaintiff that paid the filing fees!! note: I left the courtroom b-4 I could hear an answer for i WAS DEVESTATED!

 
 
 
 
 
 
Posted by MShore 1005 days and 5 hours ago.

Response From Expert

and now the defendant wants to be reimbursed for court costs?

 
 
 
 
 
 
1005 days and 5 hours ago.

Customer Reply

Yes.. please take note that when she made her decesion she handed both parties the signed order. On this order it is has a check mark in the box stating, Judgement entered in favor of the defendant after trial. Costs awarded. BUT.. COSTS AWARDED is crossed out! This judge crossed out/ scratched over the above words.. I know that she really wanted to stick it to me for she thought (BECUZ SHE WAS CONFUSED) WE WERE THE LAST CASE BEING HEARD TO TOP IT OFF) THAT IF I WAS ABLE TO AFFORD $1,200/$2,400 in filing fees I could afford to lose out on $300! when in turn it was I the plaintiff who is poor. HER THINKING WAS MESSED UP BY THE END OF THE DAY!! I HAVE A LEGAL AND BINDING contract for my daycare business that outlines that a 2 week termination notice needs be given by either parent or provider when chosing to terminate child care. It also clearly outlines that 2weeks of the childs tuition is due whether the services are used or not.

 
 
 
 
 
 
Posted by MShore 1005 days and 5 hours ago.

Response From Expert

So, in sum, you are trying to get out of the $300 based on the judge's misunderstanding/error?

 
 
 
 
 
 
1005 days and 5 hours ago.

Customer Reply

No, I am the Plaintiff. I was owed the $300. The judge did NOT side in my favor. I was sueing them for the $300 yet she awarded them with the satisfaction of not having to pay me. When I originally filed this suet, I was granted a poor person's petition where I did was not made to pay any court cost because of my financial state. In turn when this claim went to trail.. the defendants had to come up with court fees of $2400. Becuz the judge awared them with her decesion of not having to pay me the $300 in childcare costs, the defendant was requesting thier $2400 court fees back? When they were requesting these court fees be given back to them? That's when she realized that it was not me/the plaintiff who paid the $2,400 I was the person who filed the poor person who filled the petition then her mouth dropped and that's when she went over to the defendants to look at the documentation of court fees? In essensense if she documented that court fees would not be awarded to the defendents (after handing us/ me-the plaintiff/and the defendents the court type written order that court fees are not going to be awareded can she go back and award them thier fees? BotXXXXX XXXXXne she thought I had money to spare when in reality it was the defendant that was able to pay the $2,400 to the court system but not pay me my childcare dues.

 
 
 
 
 
 

Accepted Answer

Thank you for the clarification, yes she can reverse the court costs.

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Expert: MShore
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Accepts: 17782
Answered: 8/23/2009

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