If I filed a claim against my landlord for not returning my deposit but later got a check from them, what doI do about the pending case and the court costs thatI paid?

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If I filed a claim against my landlord for not returning my deposit but later got a check from them, what doI do about the pending case and the court costs thatI paid?

Landlord did not respond to 2 certified letters or a phone call. I waited almost 3 weeks past the 30 days allowed to return my deposit. Then 3 days after I filed the claim; we got a check in the mail. How do I get my court costs back and maybe drop the case?

Asked on February 20, 2012 under Real Estate Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Ask the court clerk about the court costs; however, it is unlikely  you will be able to recover those costs because those costs are recovered when one prevails in the case.

To drop the case, you can file a request for dismissal.  The request for dismissal court form may vary from state to state.  You want to dismiss all causes of action and all parties.  If your request for dismissal is with prejudice, this means the case cannot be reinstated.  If your request for dismissal is without prejudice, this means the case can be reinstated in the future.


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