Filed Small Claims - Have Court Date - Other person didn't get served

[ddampf1]

What is the name of your state? Missouri

Hi, I filed a small claims against an old friend of mine for $900 that I loaned
and never received payment for. I filed the small claim in late December.
I hadn't received any paperwork in the mail about a court date, so I called
the office and they said that they tried delivering the papers to me to tell
me the court date and it came back and said that I no longer lived at that
address. I told them that I do still live at that address and asked them
if the other person had been served, and they said that the other person
had moved to a different city about 30 min away and the person didn't get served.

Well, they told me I have a court date this Monday. I also live 1 1/2 hours
away from the city I filed the claim in. I have a few questions:

1. Do I need to go to court on Monday if the person didn't get served and I didn't receive the paperwork in the mail?

2. If I don't show up, I assume that the case will be dismissed. Will that take away any possibility of re-filing it in the city where I live or where the
defendant moved to?

3. I would still like to take this matter to court, but I do not know the current
address of the person I am suing. Is there an easy way to find out their current address? I know what city they live in, and I think I know where they are employed.

4. Should I request a change of venue or a continuance? Is there a way I can do that without having to drive 1 1/2 hrs to court on Monday?

Thank you for any advice you may have. I am mostly interested in finding out if the case is dismissed if I may re-file it later in the same court or different court.

If you need any more details about the case, my original post (from way back when) is posted here:

https://forum.freeadvice.com/showthread.php?t=175201

Thanks again,

David

 

[seniorjudge]

1. Do I need to go to court on Monday if the person didn't get served and I didn't receive the paperwork in the mail?
It's up to you; you may face a dismissal if you do not show up. You are the one who did not keep up with the progress of the case. That docket is overloaded with SC cases and they would love to get rid of yours.

2. If I don't show up, I assume that the case will be dismissed. Will that take away any possibility of re-filing it in the city where I live or where the
defendant moved to?
Small claims cases in Missouri have to be filed in the county where they happened. (in general).

3. I would still like to take this matter to court, but I do not know the current address of the person I am suing.
Then you are out of luck.

Is there an easy way to find out their current address?
Not that I know of.

4. Should I request a change of venue or a continuance?
A continuance; do it in writing and make sure you get a response in writing. You get one continuance.

Is there a way I can do that without having to drive 1 1/2 hrs to court on Monday?
Ask the court clerk if you can do it by fax.

http://www.mobar.org/pamphlet/smllclam.htm

 

[ddampf1]

Re:

Thanks for the response. If the case does get dismissed, can I re-file it later in the same city/county court? I just want to make sure if this does get dismissed that I can re-file or file another lawsuit against the same person in the same court on the same matter.

Thanks,

David

 

[seniorjudge]

Thanks for the response. If the case does get dismissed, can I re-file it later in the same city/county court? I just want to make sure if this does get dismissed that I can re-file or file another lawsuit against the same person in the same court on the same matter.

Thanks,

David

You can refile it either in SC or in circuit court IF (big word) it is dismissed without prejudice (fancy lawyer talk for "you can re-file".)

It would be best if YOU dismissed it if you just cannot make it. Dismiss it without prejudice, then when you find the bad person, sue again.

 

[ddampf1]

Re:

Thanks again.

To dismiss the case myself, do I need to go to court on Monday and tell them that I would like to dismiss the case? Can I do it over the phone or through fax?

I would really like to re-file this case later after I find the address of the defendant, but that may take a while.

Thanks,

David

 

[JETX]

To dismiss the case myself, do I need to go to court on Monday and tell them that I would like to dismiss the case? Can I do it over the phone or through fax?

This website is NOT the court clerks office.
Call the court and ask them!!! They are the ONLY answer that matters to your very basic procedural questions.

 

[seniorjudge]

This website is NOT the court clerks office.
Call the court and ask them!!! They are the ONLY answer that matters to your very basic procedural questions.

Amen.

And, besides that, I had already given him the answer!

 

[tijerin]

To Seniorjudge

I've always respected your timely and informatve posts. I have a post in the Consumer Bankruptcy forum I'd like your opinion on posted today. I tried Private messaging you, but your user id won't allow me to send one. If you have the time, can you take a look at it and give me any advice you can?