is this right???????? IT CANT BE!

[crunchy]

i was being sued in small claims in new jersey. the first week the plaintiff got a continuance after mediation because he didnt have his evidence. week 2, his lawyer showed up again but the plaintiff did not. the lawyer asked for a continuance and I of course objected, so the plaintiffs attorney said to the judge that the only alternative was a "dismissal without prejudice." the judge quickley agreed and without a word to me he ruled" dismmissed without prejudice". i thought it was over until i got home and looked up the meaning. doesnt there have to be a settlement agreement before this ruling can be made? there was none. i was ready for trial. WHAT IS WRONG WITH THIS PICTURE???????????? doesnt this leave open the possibility of a new lawsuit by them.

[Edited by crunchy on 07-11-2001 at 12:45 AM]

 

[JETX]

Something definitely sounds strange here. It sounds like you were 'out-maneuvered' by the attorney representing what I assume to be the Plaintiff.

Did you have an attorney or were you Pro Se (Pro Per)???

Suggestions:
1) During the Plaintiff's first appearance, you should have asked for a Summary Judgment of Dismissal, since both parties made appearance and they screwed up.

2) During the Plaintiff's second appearance, you again should have asked for a Summary Judgment, again due to their failure to be ready for scheduled trial.

And yes, with the 'Dismissal without Prejudice", that means that the immediate case has been dismissed, but the Plaintiff has the right to refile at a later time (within Statute of Limitations).

 

[crunchy]

in response to your response halket,no i dont have an attorney, as its only a $500. suit. is the ruling, "dismissed without prejudice", contingent on a settlement agreement being in affect. there was none and the judge knew this. Also, is it a fact that in order for them to bring the suit again, there has to be default of some kind on the settlement agreement, "which does not exist",and never did, therefore there can be no default, therefore no refiling should be allowed.also you mentined statute of limitations, what is it in new jersey. anyones educated opinion is appreciated.

[Edited by crunchy on 07-12-2001 at 10:46 AM]

 

[JETX]

Unless there was a stipulation in any previous agreement for binding arbitration, the judgment dismissal has no requirement or affect with any 'settlement'. It is purely that, a dismissal of the lawsuit with the Plaintiff having the right to refile at a later date. This lawsuit and any of its affects (negotiation, settlements, etc.) is dead.