turbojock

[turbojock]

What is the name of your state (only U.S. law)? texas- i filed a suit in small claims against someone and i forgot to appear on the date of the trial. i assume that the judge probably threw out the case? can i get the trial date extended after i missed the date that was originally set?

 

[PJ Weber]

If you failed to show the judge might very well have ruled against you. End of story

First . . . Find out what the disposition was

Second . . . Assume nothing

 

[turbojock]

i don't know if the judge ruled against me as i was the one that filed the suit. he may have dismissed the suit and ruled that i pay the court costs. i am wondering if i will be able to appeal and get a new court date? or if i am just out of luck and its over.

 

[racer72]

One of 2 things happened. The case was dismissed with prejudice. This means you are toast. Or the case was dismissed without prejudice. File your lawsuit again. You already paid the court costs when you filed your lawsuit, kiss that money goodbye.

 

[turbojock]

what is the difference between dismissed with prejudice and without prejudice? please explain.

 

[Roo]

Dismissed with prejudice means the court won't hear the case again.
Well, they actually never heard it the first time but you get the idea.
Dismissed w/o prejudice means you can refile.

 

[Texas Pooh]

Usually, a court in Texas will dismiss for failure to prosecute, which has the same effect as a dismissal without prejudice - you can refile.

However, if the other side showed up, the court may have dismissed with prejudice, or may even have entered judgment against you if asked to do so by the other side and the other side had a claim against you.

Just go to the court and ask to see the file. then you'll know and we can tell you what to do next.