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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32364
Experience:  Began practicing law in 1992
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I had court and the report said " the court further orders

Customer Question

i had court and the report said " the court further orders that judgment be entered in favor of plaintiff and against defendant for the costs of this action and for all costs accused on the writ of possession" but the is says "Defendant vacated on 12/24/2015, LL was not aware. Costs taxed to Plaintiff.
My question is do i owe anything. is seems to be contradictory
Submitted: 7 months ago.
Category: Legal
Expert:  Dwayne B. replied 7 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. It is contradictory. Where are you getting that language?
Customer: replied 7 months ago.
from state
of iowa court papers
Expert:  Dwayne B. replied 7 months ago.
What exact papers?
Customer: replied 7 months ago.
i can send photo
Expert:  Dwayne B. replied 7 months ago.
You can attach it in a pdf format and I can take a look at it.
Customer: replied 7 months ago.
ok hold on
Customer: replied 7 months ago.
did you get that
Expert:  Dwayne B. replied 7 months ago.
That document states that costs are in favor of Plaintiff in both sections so it isn't contradictory. The Plaintiff was awarded the costs.
Customer: replied 7 months ago.
so i owe something?
Expert:  Dwayne B. replied 7 months ago.
If you were the Defendant, yes.
Customer: replied 7 months ago.
ok. thanks. yes i was. they did not ask for anything at court.
Expert:  Dwayne B. replied 7 months ago.
You would owe whatever the costs were. Normally those are put into the judgment but they weren't in this one. You can wait and see if they ever try to collect or you can call and ask how much you owe.
Customer: replied 7 months ago.
call the courthouse?
Expert:  Dwayne B. replied 7 months ago.
No, you would have to call the other side or call the other attorney. The courthouse won't have them unless the Plaintiff filed a certificate of costs but if they had filed that then they would have sent you a copy.
Customer: replied 7 months ago.
ok. so i understand. if the plaintiff filed certificate of costs at the courthouse. the courthouse would have sent me a copy of that and there would be a file of that at the courthouse?
Expert:  Dwayne B. replied 7 months ago.
Yes, that's correct.
Customer: replied 7 months ago.
so i can check with the courthouse for that. would i ask if there has been a certificate of costs filed against me?
Expert:  Dwayne B. replied 7 months ago.
Yes, you check with the clerk of courts and see if there is one in the file.
Customer: replied 7 months ago.
ok. thank you
Expert:  Dwayne B. replied 7 months ago.
You're very welcome.Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.
Customer: replied 7 months ago.
hello you still there
Expert:  Dwayne B. replied 7 months ago.
I am
Customer: replied 7 months ago.
ok I just take to court house and they said that "Cost taxed to Plaintiff" meant the plaintiff had to pay costs, not me as the defendant
Customer: replied 7 months ago.
sorry take = talked
Customer: replied 7 months ago.
hello
Expert:  Dwayne B. replied 7 months ago.
No, that's incorrect. When the judgment says "in favor of Plaintiff and against Defendant" that means the costs up to that point are awarded to the Plaintiff. In the next section, where it says "Cost taxed to Plaintiff" it could mean either one but that section is only talking about the costs incurred since the earlier entry, likely that would be just the cost of the Writ of Entry that was issued on 1/26.
Customer: replied 7 months ago.
ok. thanks. i don't know how to figure out if i owe. i called small claims division and there wasn't anything on file
Expert:  Dwayne B. replied 7 months ago.
The other things that is possible, but unlikely for jurisdictional reasons, is that the judge was trying to reverse his earlier entry of costs against you but this was an incorrect way to do it if that's what he was trying and he wording is incorrect.
Expert:  Dwayne B. replied 7 months ago.
What usually happens in these cases is the Plaintiff never pursues the costs because it's too much trouble to collect.
Customer: replied 7 months ago.
ok thanks
Expert:  Dwayne B. replied 7 months ago.
You're welcome.

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