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josephrodney · Apr 3, 2007, 03:53 PM

The small claim court dismissed my case because the plaintiff no show to the hearing and the judge dismissed the case, but the plaintiff send the letter to the c ourt telling that he put the date hearing appoinment to the wrong aapoinment book and now we have another hearing this coming April 12, 2007 and I went to the small claim court to fight or stop the hearing because it was dismissed but the clerk told me that he had right to re-opened the case , and I showed the dismissed letter came from them and she wants me to show up to the hearing, I live in buffalo, Ny and please someone help me to clarified this case and give me some input what do I need to do just in case were in a court appear. Could I tell to the judge that this case is irrelevant because the other judge dismissed this case already? What happen if the plaintiff win with the judgement and I have a dismissed notice? Please help!

excon · Apr 3, 2007, 03:57 PM

Hello joseph:

If the case was dismissed "with prejudice", then the case can't be reopened. However, that probably wasn't the case, because it IS reopened.

In our system of justice, the plaintiff shouldn't be barred from plying his case just because he missed an appointment. That's as it should be.

excon

josephrodney · Apr 3, 2007, 04:13 PM

Thank you excon, but I would like to know why do they send me a dismissed letter if their not sure that it will be back to re-open the claim? I don't understand the law sorry but this is unfair to the people who have no knowledge of the law, like me, I was happy in front of the judge when he told me that he dismissed the case and I won, why he didn't no that sometimew it will be back to the hearing ? That's stupid law? Sorry, I spent to that hearing for an hour and now he want tme to come back waste of time and money for me> Please excon help to answer this question because I'm pissed! God bless you!

LisaB4657 · Apr 3, 2007, 04:19 PM

When you go back to court on April 12th, if the plaintiff doesn't show up again, make sure that you tell the judge this is the second time it has happened and ask the judge to dismiss the case WITH PREJUDICE. If the judge dismisses the case with prejudice then the plaintiff won't be able to file for it to be re-opened again.

josephrodney · Apr 3, 2007, 04:23 PM

Thank you Lisa but I'm very sure he will appear on the hearing and I'm very sure that the judge will be on his side now. That's my negative opinion.. I'm still pissed off about this plaintiff.

josephrodney · Apr 5, 2007, 02:35 AM

Thanks everyone, I still have a few question about this case, I am the dependants and I have a dismissed notice, my question is, if I don't show up to our hearing, do they give me a bench warrants for this? What is bench warrants? Everybody said that I spoke to about my case, they given me a bench warrants for failing to the court hearing. Thanks again!

mr.yet · Apr 5, 2007, 04:00 AM

If you don't show up the plaintiff will be granted a judgment by default, you lose! Now this only show that the judges and lawyer are in bed together and since you did not know the procedure the judge will re-open the case.

Remember this if only the attorney shows up and not he plaintiff, move to dismiss the case with prejudice, the court lacks jurisdiction.

Meaning you havethe right to cross-examine the plaintiff, if they are not there they have not case.

Attorney cannot testify for their client he is not party to the suit.

ScottGem · Apr 5, 2007, 06:05 AM

Originally Posted by josephrodney

Thanks everyone, i still have a few question about this case, iam the dependants and I have a dismissed notice, my question is, if I don't show up to our hearing, do they give me a bench warrants for this? What is bench warrants? Everybody said that I spoke to about my case, they given me a bench warrants for failing to the court hearing. Thanks again!

First, forget the dismissal, that's water under the bridge. The case was not dismissed with prejudice giving the plaintiff the chance to reopen. This does not mean the judge will be against you or in favor of the plaintiff. Our justice system, simply allows a party a second chance. If you hadn't shown up and the plaintiff had gotten a default judgement, you would have the same opportunity to vacate the judgement.

Second, Bench warrants are issued in criminal cases, not civil ones. If you don't show, then the judge awards an default judgement to the plaintiff.

So, the bottomline is that the plaintiff refiled, got a second hearing. So you have to put together your defense of his suit, show up in court and defend yourself.

josephrodney · Apr 5, 2007, 06:18 AM

Thank you Scottgem, it's clear to me now.. God Bless!

josephrodney · Apr 5, 2007, 04:21 PM

Thanks Scottgem!

rjgodwin · Apr 10, 2007, 12:17 PM

Originally Posted by josephrodney

The small claim court dismissed my case because the plaintiff no show to the hearing and the judge dismissed the case, but the plaintiff send the letter to the c ourt telling that he put the date hearing appoinment to the wrong aapoinment book and now we have another hearing this coming April 12, 2007 and I went to the small claim court to fight or stop the hearing because it wass dismissed but the clerk told me that he had right to re-opened the case , and I showed the dismissed letter came from them and she wants me to show up to the hearing, i live in buffalo, Ny and please someone help me to clarified this case and give me some input what do I need to do just in case were in a court appear. Could i tell to the judge that this case is irrelevant because the other judge dismissed this case already? what happen if the plaintiff win with the judgement and I have a dismissed notice? Please help!!

I just went to small claims yesterday. The plaintiff didn't show. They have to show just cause as to why they didn't show. But in the meantime, until they show just cause as to why they didn't show, the claim is dismissed. At this point, the plaintiff CAN reopen the claim. So yes, you still need to go. The plaintiff must have showed just cause as to why they did not appear at the original hearing.

josephrodney · Apr 10, 2007, 04:30 PM

Anyway thank you for your answered.

rjgodwin · Apr 11, 2007, 11:56 AM

If they don't show, they can put something in writing to be given to a judge to show why they weren't there. If the judge thinks it was a good enough excuse the case will reopen.

josephrodney · Apr 11, 2007, 01:00 PM

Thanks rjgodwin, I'm really confused until up tomorrow, April 12 is the date the second hearing and thinking at this time the judge can lean on the plaintiff, even though the first hearing I won the judgement already. Still nervous about this second hearing. Thanks everyone's input... God bless All!

rjgodwin · Apr 11, 2007, 05:07 PM

Good Luck!!

josephrodney · Apr 12, 2007, 01:35 PM

Hi everyone, I just get back from the small claim court and the plaintiff were presence, look like the woman judge leaning to the plaintiff because she didn't asked me a lot of question just only the plaintiff. When the judge asked me once she said OK I will send her judgement to the mail, so there you go, before I won the judgement now I lost. What a crap justice we have.. I'm really pissed off to that small claim court, no justice to the poor... sigh! Sigh!. Thanks good people for the good input you gave it to me... god Bless!

ScottGem · Apr 12, 2007, 02:08 PM

Excuse me? What has this got to do with justice to the poor? The really didn't "win" previously, all that happened was the case was dismissed because the plaintiff missed the hearing. Apparently the plaintiff had a valid reasons for doing so. If the plaintiff won this time, maybe its because they had the better case? Did that ever occur to you?

No where did you give us any info about the case se we have no way to judge whether the plaintiff won on the merits or not. So we have to assume that the judge ruled for the plaintiff because the LAW was on their side.