Q: Can I recoup court/serving fees if defendant pays after being served but before trial?
I'm the P in the process of serving papers to the D. If the D is successfully served and decides to pay monies owed me BEFORE the trial happens, can I reject that payment and still take him to court to recoup the court and serving fees (over $200) in addition to the actual damages owed? Would a judge look poorly on this tactic or is this acceptable?
A: If D is not insisting you sign a full and complete release, you can accept the money and ask the Court to dismiss your case but nevertheless award you court costs because you had to sue.
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