Legal Question in Civil Litigation in Georgia

A dispossary action was filed against me, to which I was going to countersue for monies owed to me by the landlord. We settled while at the courthouse, were never heard by the Magistrate and the case was dismissed. SInce I was not able to make my claim for the monies by the landlord, can I file my own civil action? On the court website it showed my original case as "dismissed", but then listed it as a "partial trial"?


Asked on 4/06/11, 11:14 am

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

If it was dismissed without prejudice (which is probably was), you can file. However, if you reached an agreement with the landlord that included a release of your claims, you would be in breach of the agreement.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 4/06/11, 11:41 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You should already know the answer. One NEVER settles a court case without legal counsel, as the terms of that settlement dictate whetehre you can or cannot sue now. No one here has read what was signed, or what either party filed. So you in fact know (or should know) teh answer and no one here has the information to respond.

Bear in mind that if you sue in a situation where suit is barred, you can be assessed significant damages and attorneys fees for frivolous litigation. So ask the attorney you had in the original case. He will know. We have no way to know.

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Answered on 4/06/11, 11:43 am


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