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order of dismissal

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catha31

Junior Member
What is the name of your state?Indiana

I received an order of dismissal for lack of prosecution on a small claims cases that dated back to 2001. The case never went to court, my question is can the plantiff take me back to court for the same thing after a dismissal?
 


JETX

Senior Member
catha31 said:
What is the name of your state?Indiana

I received an order of dismissal for lack of prosecution on a small claims cases that dated back to 2001. The case never went to court, my question is can the plantiff take me back to court for the same thing after a dismissal?
If it was dismissed without prejudice (very likely), then yes.
 

catha31

Junior Member
statue

Indiana

What is the statue of limitations on a small claims case? there was no signed contracts or verbal agreements the guy was just mad and thats his way of getting back at people. My attorney read all the documents and said there was no case he had proof of nothing. Can the courts deny a case because of to many cases from one person?
 

JETX

Senior Member
catha31 said:
What is the statue of limitations on a small claims case?
The courts don't set SOL's. They are set by law. The following are some of the civil SOL's for Indiana:
Breach of contract for sale under UCC: 4 years.

Unwritten accounts or contracts and promissory notes or written contracts for payment of money executed after August 31, 1982: 6 years.

Written contracts unrelated to the payment of money: 10 years.

Written acknowledgment or new promise signed by the debtor, or any voluntary payment on a debt, is sufficient evidence to cause the relevant statute of limitations to begin running anew.

Judgments: 10 years unless renewed.


Can the courts deny a case because of to many cases from one person?
Uncommon, but depending on the facts, it is possible for a court to prohibit future actions by a 'vexious litigant' (one who abuses legal process).
 

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