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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5303
Experience:  Licensed to practice before state and federal court
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I filed a claim against apache co in small claims tax court.

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I filed a claim against apache co in small claims tax court. Been filed twice with no luck and just got a notice that my case was dismissed. No expaination why and a paralegal doesn't know why either. Court won't tell me. What can I do? I want my day in court and they blew me off and kept my $ . James Burton
JA: Since laws vary from place to place, what state is this in?
Customer: AZ Apache Co
JA: Has anything been filed or reported?
Customer: Yes I filed in small claims last year,didn't hear a thing. July filed everything again. Have the court certified copies of both.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have an appraisal that is $60k less than the county has valued property.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I’m very sorry to hear about your situation. Usually, a copy of the judgment to you In the mail. This depends heavily on when the Judgment was made. Depending on your county, it may come to you within about 1 to 2 weeks. There may not be a reason for it that they list, but chances are there will be. In a small claims judgement, the court will usually fill out a form that they sent the parties that were involved when they make an order. So, it is likely that you will not see the reason why it was dismissed until the document reaches your home. You could have been dismissed because of improper service, it could have been dismissed because of a statute of limitations issue, could have been dismissed because it was in the wrong Court. There could be a number of reasons, but you may have to wait. One of the things that you may want to do is go down to the small claims division of your local Superior Court and ask for a copy of the order. You may have to pay a small fee for it, but you won't have to wait until it is mailed to your home.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Customer: replied 2 months ago.
That's all good to know but my question is what do I do to get my day in court. I filed in small claims tax court on time and they didn't let me know a thing. When I called them 6mo later they said I still had a claim but wouldn't tell me what was wrong. Can't give out legal advice was their answer. I wasn't looking for advice I want answers. Now they dismiss after my paralegal filed again making one mistake change.2016 to 2017 tax. Isn't it my right to have my day in court?

That's correct. Do you know if they dismissed the action with or without prejudice?

Customer: replied 2 months ago.
They gave no expaination. Plus kept my filing fees.

Ok, what is most important is that you find out if it was dismissed with or without prejudice. Without prejudice means that you can refile your case in the same court for the same matter and get your day in court. If it was dismissed with prejudice then that means you won't be able to go back and file an action. The clerk should be able to tell you if this is the case and if they can't, then the court will send you a copy of the judgement.

Legal Eagle and 2 other Legal Specialists are ready to help you
Customer: replied 2 months ago.
OK thanks I have some calls to make next week. Either way I go it looks like I'm being forced to seek an attorney which it says you don't need in small claims court.

Yeah, that's the worst part because you shouldn't need a lawyer, but you may still be able to get your day in court:-)