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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I had a collection case against me which I responded to the

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I had a collection case against me which I responded to the court. A proof of service HEARING WAS SET FOR MAY 17. however when I attend court I found out that my answers to the complaint were vacated due to the court fee not being paid. At the time I filed my response the court fees were wavied thereafter the court states that they sent out a notice that my wavier was denied. I never received such notice. Can I re-filed or is this a lost cause.
Thank you for your question. Please permit me to assist you with your concerns.I am very sorry to hear that you are in this situation. This is tough--you can request that the courts provide with proof that the notice was sent claiming waiver was denied, and you can refile by attaching both a letter of explanation and the attached notice from before designating that the fees were waived. In essence you can claim that based on lack of notice you attempted to comply and as you received no notice you request that the courts formally agree to permit the late filing to take place. I will be honest and state that it is not very likely to take place, but if an understanding judge sees it, it is still possible to get this admitted.Good luck.
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