Home     Law Advice     Insurance Advice     Community    
Small Claims Courts : Suing or Defending on Your Own, Usually Without an Attorney
Go Back   FreeAdvice Legal Forum > COURTS, LAWYERS & LITIGATION > Small Claims Courts

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-21-2009, 02:01 PM
Junior Member
 
Join Date: Oct 2009
Posts: 10

When a case is closed can they file another claim for the same thing?


What is the name of your state (only U.S. law)? New jersey.
  #2  
Old 10-21-2009, 02:03 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,653
Quote:
Originally Posted by Supaguy78 View Post
What is the name of your state (only U.S. law)? New jersey.
Definitely maybe.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #3  
Old 10-21-2009, 02:05 PM
Senior Member
 
Join Date: May 2006
Location: I dunno. What time is it?
Posts: 1,318
Quote:
Originally Posted by Supaguy78 View Post
What is the name of your state (only U.S. law)? New jersey.
Google "Res Judicata" and "Collateral Estoppel".

It depends on the 'case' and how it was 'closed'.
  #4  
Old 10-21-2009, 02:06 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,653
Quote:
Originally Posted by Stevef View Post

It depends on the 'case' and how it was 'closed'.
That's what I said
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #5  
Old 10-21-2009, 02:08 PM
Senior Member
 
Join Date: May 2006
Location: I dunno. What time is it?
Posts: 1,318
Quote:
Originally Posted by Zigner View Post
That's what I said
NO YOU DIDN'T!!!


(You typed it)
  #6  
Old 10-21-2009, 02:09 PM
Junior Member
 
Join Date: Oct 2009
Posts: 10

T


If the defendant shows and the plaintiff doesn't and that is how the case was dismissed, can the plaintiff sue the defendant again to be more specific?
  #7  
Old 10-21-2009, 02:10 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,653
Quote:
Originally Posted by Supaguy78 View Post
If the defendant shows and the plaintiff doesn't and that is how the case was dismissed, can the plaintiff sue the defendant again to be more specific?
Definitely maybe.

(What is the exact wording of the dismissal?)
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #8  
Old 10-21-2009, 02:10 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,653
Quote:
Originally Posted by Stevef View Post
NO YOU DIDN'T!!!


(You typed it)
You got me there!
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #9  
Old 10-21-2009, 02:12 PM
Senior Member
 
Join Date: May 2006
Location: I dunno. What time is it?
Posts: 1,318
Quote:
Originally Posted by Supaguy78 View Post
If the defendant shows and the plaintiff doesn't and that is how the case was dismissed, can the plaintiff sue the defendant again to be more specific?
OK, now I know there was no judgment, so Res Judicata doesn't apply.

Next question: Was the case dismissed with prejudice, or was the case dismissed without prejudice?

Zig - please pass the pliers
  #10  
Old 10-21-2009, 02:15 PM
Junior Member
 
Join Date: Oct 2009
Posts: 10
The word used was a default to the case for plaintiff not showing and no lawyer. Only the defendant showed.
  #11  
Old 10-21-2009, 02:16 PM
Senior Member
 
Join Date: Nov 2007
Posts: 8,389
Quote:
Originally Posted by Stevef View Post
OK, now I know there was no judgment, so Res Judicata doesn't apply.

Next question: Was the case dismissed with prejudice, or was the case dismissed without prejudice?

Zig - please pass the pliers
what? no laughing gas?
  #12  
Old 10-21-2009, 02:18 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,653
I'm done here...
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #13  
Old 10-21-2009, 02:23 PM
Senior Member
 
Join Date: May 2006
Location: I dunno. What time is it?
Posts: 1,318
Quote:
Originally Posted by Supaguy78 View Post
The word used was a default to the case for plaintiff not showing and no lawyer. Only the defendant showed.
Were there any other words you would like to share?


No laughing gas for you.
  #14  
Old 10-21-2009, 02:24 PM
Junior Member
 
Join Date: Oct 2009
Posts: 10
They dismissed the case for the plaintiff not showing. What I'm asking is can the plaintiff re file for the same suit if the defendant showed and the case was dismissed?
  #15  
Old 10-21-2009, 02:28 PM
Senior Member
 
Join Date: Nov 2007
Posts: 8,389
Quote:
Originally Posted by Supaguy78 View Post
They dismissed the case for the plaintiff not showing. What I'm asking is can the plaintiff re file for the same suit if the defendant showed and the case was dismissed?
you stil haven't answered the question.

was the case dimissed with prejudice or not????
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:08 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.