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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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After two years and $20,000 in legal fees, a bogus civil claim

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After two years and $20,000 in legal fees, a bogus civil claim against me was was thrown out by the judge (summary dismissal) without appearance of the parties or lawyers .

My questions: what happens now to my counterclaims? How can I recover my legal fees?
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, your counterclaims were already filed by then, or you never filed any? And if you filed the counter-claims, there were not dismissed as well, or you do not know?
Customer: replied 2 years ago.

My list of counterclaims was filed as part of my answer to the lawsuit. I do not know the judge's reaction to my claims. I have just received notice about the summary dismissal, which ,by the way, was no surprise to me.

Thank you for your follow-up, Elie.


In that case the next step is to find the full order that the judge put in place. If the counterclaims were not dismissed, they are still valid and 'live'--you can still pursue the counter claims even if the initial claim is now formally dismissed. On the other hand if your counter-claims are also dismissed, then you have the choice of either refiling (if the dismissal was 'without prejudice'), or simply letting the whole suit go as it would then appear that the judge simply dismissed both sides. If you want to recover your fees, and your counterclaims were dismissed, you refile.


Hope that helps.

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