Long story short.. My ex- landlords (or should I say slumlords?) filed suit for a month's rent + 60% interest because I was unable to give 30 days notice before moving out. The house was in terrible condition, and I could not find a new roommate when my other roommate bailed out because the house was awful. I appeared at the court date October 16th, and the slumlords did not show up. The case was dismissed. This afternoon I recieved a subpoena telling me to be in court November 29th for the same claim. Is this allowed? I was under the impression that if a case is dismissed it was over and done with and would not be heard again..

mr.yet

Was if dismiss, or postponded?

excon

Hello Danyell:

Legally, the term is "prejudice". If their suit was dismissed "with prejudice", it cannot be refiled. The court record will tell you. Generally, it's done when a plaintiff has abused the system.

excon

s_cianci

Unless the court gave the "slumlords" an extension, then it should be over and done with. Talk with an attorney for advice on this.

Fr_Chuck

Alot will depend on how the case was dismissed, a case can be dismissed and refiled if the judge dismissed it in a manner that allowed it.
Normally in small claims they don't.

So in your defense on the next hearing, you need to bring this matter up to the judge.

bhayne

Agree. I would also bring up that if the plaintiff made appointments to look after his premesis, this whole situation would have been avoided. I don't believe you have anything to defend against, this is a case-closed judgement in your favour.

Judges do not like anyone who wastes court time!!