How many times can they file same suit?

What is the name of your state? FL

May 29 - Served with suit for $600 by sub contractor.
June 3 - File counter claim for $2,600 to repair their work.
June 22 - Went to court, they did show up - their case dismissed, and I filled out affidfavit for $2,600.
June 28 - Receive notice from court, "Entry of Default" - think it said case dismissed without prejudcie.
June 30 - Receive final judgement from court in my favor for the $2,600.
July 3 - Today I receive summons to appear in court again as they re-filed the same exact paperwork for the same case and same amount. Apparently they filed second suit on June 24 - after they failed to appear in court, but prior to their receiving notice of dismissal and judgement of the first suit.

Questions -

1. ) Can I ask court/judge to dismiss case without having to go through this again?
2.) Can - or should - I file counter claim again as I did in the first case, and if so and judge rules in my favor, does that mean there would be 2 judgments against them, each for $2,600?

"Can I ask court/judge to dismiss case without having to go through this again?"
*** You can certainly ask for the court to dismiss their second filing, but the court will likely deny your request. Let the court ask them why they failed to appear as scheduled.... and if they have sufficient reason, the court will allow their case to proceed as their issues have NOT been adjudicated.

"Can - or should - I file counter claim again as I did in the first case, and if so and judge rules in my favor, does that mean there would be 2 judgments against them, each for $2,600?"
*** No, unless they have appealed your claim, the default judgment should stand.

JETX - Thank you very much for your response.

Did have one more question -

When I filed my counter claim - did so against the company (not incorporated when they originally did the work, but have since incorporated) and also aginst the individual form the company who filed the suit agaisnt me, but have since learned she is not listed as the owner of the company instate records.
Since my original judgement does not list the real owner of the company, (and whom apparently is the owner of all the assets of the company from UCC record searches), should I counter claim listing both the company, and him individually in an effort to have a claim against the person who has the assets to pay the judgment?
Thanks.

There isn't a clear answer to your question.

If I understand your post correctly, your complaint was against the individual (and d/b/a) at the time of the filing. If the ownership has now changed in the interim, you would have to show somehow that the new owner was in fact liable for the earlier complaint.

Personally, I would wait until the hearing and then ask the court to allow you to amend the complaint to INCLUDE (not instead of), the new entity. It is unlikely that the court would allow you to include a new individual, as an individual cannot be held liable for the debts against a corporation.

Thanks for the response, and sorry for the confusion....

Was originally sued by an individual "A", and the company "B".

Therefore I counter claimed indvidiual A and the company B - and recevied a judgment against both A & B.

However in my recent research, I have come to learn that A is not listed in state records as the owner of the company, but rather her boyfriend, (we'll call him C) is listed as the owner. I have seen that any company equpment such as vehicles, are listed only in his name, and I'm not sure I can levy those as part of my judgement.

Now that the company has again filed suit, I was wondering I should take the opportunity to file a counter claim against both the company and also him as an indivudual, with the thinking that if I get another judgement, I'll be able to pursue his assets - since A apparently has none, and I can find nothing listed in the company's name. (To make matters even more confusing, A and B set the company up as a corporation 3 weeks after the dispute took place, so I'm not sure if they did it to set upa shelter for their equipment assets.)

Any idea(s) would be greatly appreciated.

"Was originally sued by an individual "A", and the company "B". Therefore I counter claimed indvidiual A and the company B - and recevied a judgment against both A & B."
*** Okay, so far so good. Leave that judgment intact. Don't touch it. You may need to keep her ("A") involved as she may have assets in her name. It is NEVER a good idea to release a judgment debtor from a final judgment.

"However in my recent research, I have come to learn that A is not listed in state records as the owner of the company, but rather her boyfriend, (we'll call him C) is listed as the owner. I have seen that any company equpment such as vehicles, are listed only in his name, and I'm not sure I can levy those as part of my judgement."
*** If the judgment includes the 'company' as you say, than any assets owned by the company could be siezed/levied by the judgment. I should add that something is strange in that you were sued by an individual AND by a company that the individual apparently has no legal right to include as a party. That is definitely strange.... but helps you by allowing the link to more potential assets.... so don't change it.

"Now that the company has again filed suit, I was wondering I should take the opportunity to file a counter claim against both the company and also him as an indivudual, with the thinking that if I get another judgement, I'll be able to pursue his assets - since A apparently has none, and I can find nothing listed in the company's name. (To make matters even more confusing, A and B set the company up as a corporation 3 weeks after the dispute took place, so I'm not sure if they did it to set upa shelter for their equipment assets.)"
*** I wouldn't mess with the 'new' individual. As I suggested, simply leave your current judgment intact and in the hearing, advise the court that you 'believe' the plaintiff has changed 'names, ownership, etc.' and you would like to amend the filing to ADD the plaintiff in their new name. As noted in my earlier post, if this company is a corporation, I doubt the court would allow you to include the individual, but will allow the corporation. Finally, by doing all this at the hearing, you save the costs of service and filing fees (as they are already present in court).

One thing....
You keep referring to the other plaintiff as a 'company'. To answer your question properly, it is important to know how this entity is styled. Is it a corporation, partnership or proprietorship??
The issue of liability can be effected by the 'style' of the opposing party.

A continued big THANK YOU.

Yes, first of all - the company's name on the state corporate records page is listed under the ficticious name area, with it's owner as party B (per my earlier post).

However, most recently, the company incorporated with A & B as Directors, but the "inc." has never been used in their two suit filings.

Yes, it is strange she (A) included her name on original suit, but since she listed herself and company as the plantiff, I counter claimed them both. What is also stragne, is that on the county occupational license she is listed as owner, but as I said, not so in state ficiticious name records.

Does this properly answer whether they are company, etc.? I have alsways been confused abut the ficticious name aspect and whether I am against an indvidual B "doing business as" the company name... or whatever?

What is really correct?

you should start collection proceedings on Party A. That should wake up the other side.

Advice taken and I will move forward with my judgement on A (the indvidiual, although she is not listed as an owner) & B - the company.

But I need to make a clarification, AND apology.

In my earlier post, I mentioned I have judgement against both A", as an individual who sued me, (and whom I thought was an owner of the company) and "B" the company. But I have since found out the owner of the company as per the state ficticious name records, is actually "C".

Therefore, my earlier post SHOULD have read -
---- Yes, first of all - the company's name on the state corporate records
---- page is listed under the ficticious name area, with it's owner as party C -

With that in mind, my remaining question is -
If I do not have a counterclaim against "C" dba "B" (the state listed owner doing business as company B) when we go to court, what am I asking judge to include him in? - or am I simply asking the judge to amend his prior judgement to include C since A wrongfully listed herself as an owner when she filed the first suit?

In hindsight, I think my confusion lies in not understanding the "ownership" and liability of listed names - i.e. if a person sets up a company (not a corporaton) and lists himself as the owner, does that mean he is still responsible for all debts/actions of his company (is that what you mean by sole proprietorship?) and -
can my current judgement against the company "B" be used to levy equipment whose ownership is only his "C"'s name?

Sorry for the confusion and my mis-type on the earier post.... and thanks.

If I do not have a counterclaim against "C" dba "B" (the state listed owner doing business as company B) when we go to court, what am I asking judge to include him in? - or am I simply asking the judge to amend his prior judgement to include C since A wrongfully listed herself as an owner when she filed the first suit?

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*** Okay, lets try this ONE more time....
You have a judgment against an individual (Jane) and a business. Your post still hasn't answered what type of business this is.... corporation, proprietorship, etc., which is important in determining who you can go after.

In any case, BOTH of these parties sued you first, right?? You then countered. Simply, that means that whether she owned the business or not, these TWO parties sued you. Do NOT allow yourself to get confused by the parties... they are separate and need NO affiliation. The fact that they sued you first, sets there relationship. Their suit was dismissed for failing to appear, you got a default judgment against EACH of them. You can now use that judgment to go after EACH of the named judgment debtors. Unless the court rules otherwise, that judgment is valid, final and stands alone. IGNORE all the other crap... you are confusing yourself and diverting your focus from the FACTS!!

You have now been sued by a completely different named party..... on the same cause of action. Treat this as it is.... a completely NEW lawsuit. Your post says that this is some kind of contractor dispute. Do ANY of the documents (if any) or anything at all in the relationship bind you to be obligated to this 'new' plaintiff??? If not, then go to court and simply say, "I have no idea who you are and I owe you nothing. I have NO contract with you to do anything." Leave the proof to them. If they do in fact convince the court that you are obligated to them.... then you simply say, "Your Honor. I already hold a judgment against this business that is now before you... when they were named "XXXX". If they are now claiming that the previous defendant "XXXX" is now operating as "YYYY, Inc.", I would like to request that the court amend my judgment to include "YYYY, Inc." as one of the judgment debtors in it and leave all previously named judgment debtors."

In hindsight, I think my confusion lies in not understanding the "ownership" and liability of listed names - i.e. if a person sets up a company (not a corporaton) and lists himself as the owner, does that mean he is still responsible for all debts/actions of his company (is that what you mean by sole proprietorship?)

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*** If a person registers a d/b/a (Doing Business As) or AKA (Also Known As) or 'Fictitious Name', then the d/b/a is operating as an 'alter ego' of the individual. All profits and assets of the d/b/a are owned by the individual owner. And all debts and liabilities of the d/b/a are obligations of the individual owner.
Yes, that is what a sole proprietorship is... a business owned by an individual.

can my current judgement against the company "B" be used to levy equipment whose ownership is only his "C"'s name?

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*** Not as it is currently. If the court grants your request to amend the previous judgment, yes, that judgment can then be used against the 'new' debtor. However, if the court denies the request, then no..... and you should immediately ask then that the court allow you to file a cross-complaint against that 'new' party to be heard at the same time.

Yes, understood.... and thanks for your input, diligence and patience !