Can a dismissed case be "un-dismissed" ?

[AMBROMFG]

This morning, I had to go to small claims court for a matter of $600. I showed up at the designated time as the defendant. The plaintiff was not there. They were not there for the first roll call nor the second roll call. The clerk dismissed the case after the second call. I returned to my office. 45 minutes later the court called and asked if we could come back. The plaintiff was late. So where is the line drawn? If the plaintiff was 1 hour late, 2 hours late or 5 days late, can a dismissed case be un-dismissed by the judge? In addition, the judge issued an order for the case to be rescheduled for tomorrow. That is not a good time for me. So I feel like I'm being treated unfairly. The plaintiff is from Maine, and I am from New Jersey. So I'm sure the Judge feels compassion for the plaintiff that drove 7 hours to get here and was late to result in a dismissed case, but this is a court of law and aren't there strict rules? So the Judge is not willing to inconvenience the plaintiff from Maine (i.e. having them have to come back next month) but it's OK for the Judge to inconvenience me and demand a 24 hour return to court for a dismissed case? Can anyone shed light on this for me? What are my options ?

 

[PayrollHRGuy]

Yes, unless the case is dismissed with prejudice.

The line is drawn where the judge draws it. I'm sure since it was dismissed and if you choose not to head back to court today the case can be refiled or simply rescheduled.

 

[adjusterjack]

Can anyone shed light on this for me?

Small claims court. Informal. Rules relaxed. Yes, it can (and did) get undismissed and rescheduled.

What are my options ?

Go to court tomorrow and raise your defense if you have one. If you don't show up the Plaintiff gets a default judgment. Unfair, yes. Reality, yes.

If you actually owe the money, you can blow it off if you want to and let it go to judgment.

If you do owe the money, bring it to court and see if you can negotiate a reduced amount in exchange for a dismissal. A judgment can mess up your credit for a long time to come.

 

[AMBROMFG]

Small claims court. Informal. Rules relaxed. Yes, it can (and did) get undismissed and rescheduled.



Go to court tomorrow and raise your defense if you have one. If you don't show up the Plaintiff gets a default judgment. Unfair, yes. Reality, yes.

If you actually owe the money, you can blow it off if you want to and let it go to judgment.

If you do owe the money, bring it to court and see if you can negotiate a reduced amount in exchange for a dismissal. A judgment can mess up your credit for a long time to come.

Shouldn't we have to get something in writing from the court vs. a phone call telling us to come? I mean what's to prevent us from just saying we never got the phone call?

 

[Ohiogal]

Shouldn't we have to get something in writing from the court vs. a phone call telling us to come? I mean what's to prevent us from just saying we never got the phone call?

You not wanting to get in trouble for lying to the court.

 

[Zigner]

...and also you not losing by default.

 

[AMBROMFG]

...and also you not losing by default.

I know that this is going to sound very bad, but I have to ask. This is a frivolous law suit that we are getting dragged into. The person suing us is looking for $600.00 because he claims that he left 36 T-shirts here at our t-shirt shop 2 years ago. We have no record of it, although, he is a past customer. That said, the replacement cost, if we were willing, is only about $150.00 but he is suing for damages, court fees, attorney fees and the t-shirts. At this point, we just want to make it annoying for him. And since he is a 7 hour drive away, and is in town now for what was supposed to be heard today, how can we legally just make it as annoying as possible for him? How can we delay the court hearing so that he has to go home and come back. We figure we're going to lose because we're a business and he's a consumer and even though we're in the right, we'll still probably lose, so we just want to be jerks about it.

 

[Zigner]

I know that this is going to sound very bad, but I have to ask. This is a frivolous law suit that we are getting dragged into. The person suing us is looking for $600.00 because he claims that he left 36 T-shirts here at our t-shirt shop 2 years ago. We have no record of it, although, he is a past customer. That said, the replacement cost, if we were willing, is only about $150.00 but he is suing for damages, court fees, attorney fees and the t-shirts. At this point, we just want to make it annoying for him. And since he is a 7 hour drive away, and is in town now for what was supposed to be heard today, how can we legally just make it as annoying as possible for him? How can we delay the court hearing so that he has to go home and come back. We figure we're going to lose because we're a business and he's a consumer and even though we're in the right, we'll still probably lose, so we just want to be jerks about it.

You have what may actually be a pretty good case, but you'd rather use the court system to play games? No, I won't give you advice on that. What I WILL say is that you should go to court, present your evidence, and let the matter be decided based upon its merits.

 

[PayrollHRGuy]

I know that this is going to sound very bad, but I have to ask. This is a frivolous law suit that we are getting dragged into. The person suing us is looking for $600.00 because he claims that he left 36 T-shirts here at our t-shirt shop 2 years ago. We have no record of it, although, he is a past customer. That said, the replacement cost, if we were willing, is only about $150.00 but he is suing for damages, court fees, attorney fees and the t-shirts. At this point, we just want to make it annoying for him. And since he is a 7 hour drive away, and is in town now for what was supposed to be heard today, how can we legally just make it as annoying as possible for him? How can we delay the court hearing so that he has to go home and come back. We figure we're going to lose because we're a business and he's a consumer and even though we're in the right, we'll still probably lose, so we just want to be jerks about it.

Just being a business doesn't mean you are going to lose. The guy has to prove his case.

 

[adjusterjack]

The person suing us is looking for $600.00 because he claims that he left 36 T-shirts here at our t-shirt shop 2 years ago. We have no record of it, although, he is a past customer.

Past customer. Good. Dig out all your records of his past business with you and take copies to court to show that you provided receipts for items he left with you and invoices for the completed work.

Then ask him where his documentation is for the t-shirts he allegedly left with you two years ago.

 

[Mass_Shyster]

In addition, the judge issued an order for the case to be rescheduled for tomorrow. That is not a good time for me.

So show up tomorrow and request a continuance, explaining that you were prepared when the trial was scheduled, but you have other commitments for 12/18

 

[Zigner]

So show up tomorrow and request a continuance, explaining that you were prepared when the trial was scheduled, but you have other commitments for 12/18

Or, just deal with the case then.

 

[Litigator22]

If you think that you can deny the claimant's lawful right to access the courts in order to resolve the matter in dispute simply because the claimant was an hour and a half tardy, then you ain't nearly as smart as you think you are! So quit with the childish whimpering! And save your arguments as to the merits of the claim for someone who is paid to listen.