• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Judgment awarded 2 years after summons

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

adjusterjack

Senior Member
So my question is: Is it normal for there to be a summons issued then nothing then 2 years later a judgment for the Plantiff?
Not normal, but not unheard of either.

Now I did get the summons and I actually did go to the court date. I set through everyone getting called. The judge said is there anyone I didn't call? I said me. He looked at my summons and told me the Plantiff wasn't there the case will be dismissed.
I remember getting paperwork from this but unfortunately I can not find these papers now.
A good argument for keeping personal and financial records forever. Cheap scanners and cheap backup hard drives make it easy to archive records on your computer and your back up drives, dvds, and usb drives.

Anyway, a dismissal allows the plaintiff to refile at a later date.

Any advice or insight would be GREATLY appreciated!!
Start by visiting the courthouse and getting a complete copy of the case file, every scrap of paper in it.

Then come back and discuss.
 


quincy

Senior Member
Oklahoma.

I'll try to be very short and straight forward.

I looked at my states public records online:

Issue: INDEBTEDNESS (INDEBT)
Filed By: MIDLAND FUNDING LLC
Filed Date: 09/08/2011

Then the standard looking filing entries

Then:

10-13-2011 S
PARTY HAS BEEN SUCCESSFULLY SERVED. SUMMONS WAS SERVED ON C. T.// PERSONAL SERVICE ON 9/21/11 BY PROCESS SERVER

08-02-2012 TEXT
ADMINISTRATIVELY REASSIGNED BY AOC MIS PER HELP DESK CONTACT XXXXX


05-01-2013 MOSJ
MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT
Document Available (#XXXX) Download document in TIFF format.TIFF Download document in PDF format.PDF

So my question is: Is it normal for there to be a summons issued then nothing then 2 years later a judgment for the Plantiff?

Now I did get the summons and I actually did go to the court date. I set through everyone getting called. The judge said is there anyone I didn't call? I said me. He looked at my summons and told me the Plantiff wasn't there the case will be dismissed.
I remember getting paperwork from this but unfortunately I can not find these papers now.

Any advice or insight would be GREATLY appreciated!! Thanks in advance

Lastly I WILL be checking back constantly for any questions or replies.
Your post is being sent to the moderator of this site for editing. You included your real name in the post and other personal identifying information. Including real names and personal identifying information is not smart on a public legal forum.

You might want your matter reviewed by a lawyer in your area for this reason: Midland Funding LLC is not exactly known for playing fair. Here are two links to previous threads on Midland, with some information and links that might be helpful:

https://forum.freeadvice.com/debt-collections-84/help-getting-sued-law-firm-re-old-debt-617202.html

https://forum.freeadvice.com/consumer-bankruptcy-2/midland-funding-llc-garnished-my-wages-even-though-they-knew-i-wrong-person-616817.html
 
Last edited:

SoonerEric

Junior Member
My real name is nowhere in my post. Everything else is readily available on public records online for anyone to see.
The links you put really doesn't do anything for me whatsoever.
You think you are helping me but really hindering me because now nobody can respond to my post because its now hidden (except for the fact you quoted it and now its still there for anyone to read in your reply).
 

quincy

Senior Member
My real name is nowhere in my post. Everything else is readily available on public records online for anyone to see.
The links you put really doesn't do anything for me whatsoever.
You think you are helping me but really hindering me because now nobody can respond to my post because its now hidden (except for the fact you quoted it and now its still there for anyone to read in your reply).
Okay. Then why are you posting Chad's legal matters on this forum if you are not Chad?

Your post is quoted absent the personal identifying information. I hardly think this prevents anyone on this forum from offering you advice.

One additional note on something mentioned by the other poster (and you are free to ignore this):

A dismissal does not necessarily mean a plaintiff can re-file the action. If the case is dismissed with prejudice, there is NO right to re-file. Only if the case is dismissed WITHOUT prejudice can the plaintiff re-file.
 
Last edited:

SoonerEric

Junior Member
My apologies. I was wrong. If I did have my name which it looks like I did I again apologize. Thanks for what you have done.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top