My question involves court procedures for the state of: Illinois
involved in a small claims case. When sued, I turned the case over to insurance company. Insurance company settled the case with the plaintiff, and made a payment off of plaintiff's replacement estimate provided to claims adjuster. Insurance adjuster DID NOT have plaintiff sign a release. Plaintiff now refuses to dismiss the case until all court costs and legal consult fees are paid by me. (Plaintiff was pro se but sought advice from an attorney). Plaintiff has already cashed the settlement check from the insurance company.
Now the case is still headed for trial on the remaining issues of fees.
My question is this. Even though there was no signed release, which everyone and anyone agrees should have accompanied the settlement check, doesn't cashing said check mean that the case is over? How do I as a defendant (pro se) ask that the case be dismissed with prejudice? or do I even have that option? The insurance company has already closed the claim.
I want to file a motion for dismissal with prejudice but am not sure on what grounds since there was no release signed.
Thanks in advance.
involved in a small claims case. When sued, I turned the case over to insurance company. Insurance company settled the case with the plaintiff, and made a payment off of plaintiff's replacement estimate provided to claims adjuster. Insurance adjuster DID NOT have plaintiff sign a release. Plaintiff now refuses to dismiss the case until all court costs and legal consult fees are paid by me. (Plaintiff was pro se but sought advice from an attorney). Plaintiff has already cashed the settlement check from the insurance company.
Now the case is still headed for trial on the remaining issues of fees.
My question is this. Even though there was no signed release, which everyone and anyone agrees should have accompanied the settlement check, doesn't cashing said check mean that the case is over? How do I as a defendant (pro se) ask that the case be dismissed with prejudice? or do I even have that option? The insurance company has already closed the claim.
I want to file a motion for dismissal with prejudice but am not sure on what grounds since there was no release signed.
Thanks in advance.
Dismissal: Small Claims and Settlement and Dismissal
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