What is the name of your state? CO
My company is in California, defendant lives in Colorado. My company went through Arbitration in 2005 and won against the defendant. Because she lives in CO, we had to file in a case in Small Claims court. After much run-around (mainly with defendant trying to quash alias summons twice and literally hiding - as told to us by the sherrif, she actually closed all the lights in her office and tried to hide) she finally got served. Defedant missed the opportunity to answer because she was "on vacation" - she filed motion to enlarge time and we answered in Early December 2006. In March 2007 we recieved a motion that our case was DISMISSED WITHOUT PREJUDICE! - the court apparently sent us an order to arbitrate (which still doesn't make any sense to me because we already won the arbitration in California in 2005!) and we didn't comply - because we never recieved any reply from the defendant.
I was told I can re-file the case - what are my other options and what are the risks of re-filing (case was dismissed because we didn't file the arbitration request in time - by January 30)
My company is in California, defendant lives in Colorado. My company went through Arbitration in 2005 and won against the defendant. Because she lives in CO, we had to file in a case in Small Claims court. After much run-around (mainly with defendant trying to quash alias summons twice and literally hiding - as told to us by the sherrif, she actually closed all the lights in her office and tried to hide) she finally got served. Defedant missed the opportunity to answer because she was "on vacation" - she filed motion to enlarge time and we answered in Early December 2006. In March 2007 we recieved a motion that our case was DISMISSED WITHOUT PREJUDICE! - the court apparently sent us an order to arbitrate (which still doesn't make any sense to me because we already won the arbitration in California in 2005!) and we didn't comply - because we never recieved any reply from the defendant.
I was told I can re-file the case - what are my other options and what are the risks of re-filing (case was dismissed because we didn't file the arbitration request in time - by January 30)