Breach of contract

[discmaster]

I was served in Tennessee with a Civil Warrant in December of last year for Breach of contract. I went to court to argue my case and the Plaintiff was not present and the case was dismissed. I was served again a couple of days ago for the same case and wondered if because the fact that this case was dismissed previously I might have a better chance of winning? Also, I would like to know if I settle and pay what is owed will it still show up on my credit report. Thank you for your help.

 

[latigo]

I was served in Tennessee with a Civil Warrant in December of last year for Breach of contract. I went to court to argue my case and the Plaintiff was not present and the case was dismissed. I was served again a couple of days ago for the same case and wondered if because the fact that this case was dismissed previously I might have a better chance of winning? Also, I would like to know if I settle and pay what is owed will it still show up on my credit report. Thank you for your help.

You are in a small claims venue where the ground rules are that there are no ground rules.

Yes, you can argue that the claimant has already had its day in court, and its claim was or should have been dismissed with prejudice (barring the refilling), But if the judge grants another hearing, you’ll have to live with it. And what transpired before will be inconsequential. Meaning that it won’t give you a leg up in ”winning” the second round.

But why are you talking about your chances of “winning” anyhow? You admit that you owe!

. . if I settle and pay what is owed . . .

Also it seems a little late to be worrying about your credit score.

 

[discmaster]

Reply

Thanks you for your response.

I would like to state my side of the story to the judge considering all that has transpired. I admit I am in Breach of Contract however I was unable to fulfill the contract due to the Plaintiffs actions.

Regarding credit, are you saying that my credit report takes a hit before a judgement has been made?

 

[latigo]

I would like to state my side of the story to the judge considering all that has transpired. I admit I am in Breach of Contract however I was unable to fulfill the contract due to the Plaintiffs actions.

We are at a loss to know the nature of the contract. But if the other contracting party somehow failed to substantially perform its end of the bargain or, as you have just suggested, prevented performance on you part, then it would relieve you of your promise. Hence you would not be in breach of contract.

But that is just a general principle of contract law. Whether applicable here, we can’t tell without specific details.

Regarding credit, are you saying that my credit report takes a hit before a judgement has been made?

When you wrote admitting that you owed the claimant, I assumed that it was a delinquent, liquidated debt.