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I filled a small claim requesting $500 deposit back out of

the $800 I paid. The...
I filled a small claim requesting $500 deposit back out of the $800 I paid. The defendant contested during pre trial, so a mediation is scheduled in October. I just received the letter from defendant's attorney that he want to withdraw contest and consent to entry of judgment. So he won't attend the mediation.

What should I do next? Should I go to mediation, provide this letter and ask for a judgment letter so that I can use to request the refund? Also, should I add the court filing fee of $250, which wasn't in the Statement of Claim?

Please help.
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Answered in 4 minutes by:
9/30/2013
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,538
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
What should I do next? Should I go to mediation, provide this letter and ask for a judgment letter so that I can use to request the refund? Also, should I add the court filing fee of $250, which wasn't in the Statement of Claim?
.
This is a good surprise. Apparently the defendant, after consulting with his attorney, found out that he will likely lose if he challenges it or it will cost to much to defend.
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With that said, I would still go to the mediation and present the letter. The mediator should then refer it back to the court that day for a consent judgment. As part of the consent judgment, you will get the $500 you asked for as well as any court costs incurred in filing the claim. Just make sure you mention it to the judge about the costs. He should automatically enter it as part of the judgment, but just make sure to bring it up if he doesn't ask.
.
.
Thanks
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,538
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Barrister
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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