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

[Supaguy78]

What does that mean? That word didn't come up

 

[slwx]

i had the same thing happen to me years ago -- the judge was nice enough to explain it to me -- dismissed with prejudice means that the plaintiff can't refile. judges really don't like it when the plaintiff doesn't show.

for me -- the guy filed again, we all went to court again -- i showed the new judge the paperwork, he smiled and just said dismissed and sent us all on our way. the plaintiff was REALLY mad about that one.

you can call the court clerk & ask if you're not sure.

without prejudice would mean that the plaintiff can file again.

(i hope i don't have that backwards -- oh -- and it was written on my court paperwork. the judge or his clerk wrote it on there and handed it back to me)

 

[Supaguy78]

Wlz thank you for a great answer. I was the defendant and I felt like kwashiorkor missing something after i left. I think I will call them. If this helps it didn't get to the judge because the his clerk to care of it. There a lot of cases there and I guess it's there way of shortening it.

 

[Supaguy78]

I'm worried if he will try and sue me again. Do you think the court can stamp my paperwork with this?

 

[sandyclaus]

Allow me to clarify...

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?

If you don't know, it's because you stopped listening at "Case Dismissed". What was said afterwards makes a difference in the response to your question. The distinction here is this:

If the case was dismissed WITH PREJUDICE, that means the plaintiff CANNOT refile the case and sue for the same reasons. It means the validity of the case has already been prejudged.

If the case was dismissed WITHOUT PREJUDICE, that means the plaintiff CAN refile the case and sue for the same reasons. It means the case wasn't heard or judged in anyway.

If the judge dismissed the case just because the plaintiff didn't show, most likely he did so WITHOUT PREJUDICE. But in some cases it could be WITH PREJUDICE based upon the basis for the filing of the case.

So go back to the court clerk and find out which it is. Or wait for the clerk's notice of decision to come in the mail. Either one will tell you exactly what you need to know.

 

[Supaguy78]

The clerk had a lengthy introduction and did role call. He did say if one of the parties does not appear the case is dissmissed. When he called my case he said plaintiff is in default because he was a no show. My case never made it to the judge because the judge was not present during this. Me and on other person were asked to leave. I guess it's rare for a defendant to show and not a plaintiff. I can say that the word prejudice did not come up. Now if I were to have asked the clerk to issue a with prejudice for me do they have the power to? And how long does it take to get the mailing for the case results? Also is this something I can request after the case has been dismissed?

 

[sandyclaus]

The clerk had a lengthy introduction and did role call. He did say if one of the parties does not appear the case is dissmissed. When he called my case he said plaintiff is in default because he was a no show. My case never made it to the judge because the judge was not present during this. Me and on other person were asked to leave. I guess it's rare for a defendant to show and not a plaintiff. I can say that the word prejudice did not come up. Now if I were to have asked the clerk to issue a with prejudice for me do they have the power to? And how long does it take to get the mailing for the case results? Also is this something I can request after the case has been dismissed?

Since its already dismissed, the decision has pretty much been made for you.

Depending on the court clerk's workload, you could get notice mailed out within the week, or maybe by next week. Or you could just call the court and ask the question, if it was dismissed with or without prejudice. Easy enough to find out in one simple phone call.

By the way, if the Plaintiff didn't show up for their own case, it's pretty unlikely they would refile. They may have realized it just wasn't worth it in the first place. Plus they had to pay filing fees for that case and forfeited those when the case was dismissed. They'd have to pay those all over again also.

So, tomorrow, find the number for the clerk of court in the Small Claims department and ask them the question. Best thing for all involved.

 

[Supaguy78]

Sounds good I will and I will let you know the results. In the event he ever does re claim the case, how likely would the judge be to honor the case in his favor after a no show on the first?

Also, what would I need in order to get my case with predudice in the future?

 

[sandyclaus]

Sounds good I will and I will let you know the results. In the event he ever does re claim the case, how likely would the judge be to honor the case in his favor after a no show on the first?

Also, what would I need in order to get my case with predudice in the future?

If the first case was dismissed without prejudice, and the plaintiff re-files, since the judge never saw you or heard from you in the first case, he probably wouldn't even know or remember that there was a prior filing.

If the same thing happens a 2nd time, where the plaintiff is a no-show, you can ask at that hearing that it be dismissed with prejudice because it is the 2nd time they didn't show. The plaintiff not showing up twice in a row would demonstrate disrespect for the court's time. That can certainly be considered by the court when deciding whether to dismiss with or without prejudice.

If the first case is dismissed with prejudice, and the plaintiff refiles, its a no-brainer. They can't refile and the 2nd filing for the same reasons gets automatically dismissed with prejudice again.

 

[Supaguy78]

If I had a laywer present with me, what would he/she do, and should I have done anything different?