Hello, if there someone here knows about the law of the small claim please answer my few question regarding to my case. On Mar. 2, i appeared to the small claim and the plaintiff didn't show up and the judge dismissed the case and he said I won because the plaintiff didn't show and now they asked the small claim court to re-open his case because he put his appoinment date on the wrong book, do they entitled his to re-open his case ? Thanks!

RubyPitbull

It is all up to the court's discretion. If he can convince them to re-open the case, then it will be reopened and you will have to go back. Since I don't know where you live, you may want to call the court clerk and find out if you are allowed to file an objection to re-open. I believe you have a right to see a copy of his filing to reopen. He could use a different excuse than the flimsy one he provided, to get them to re-open. You can attach a copy of the judge's dismissal with your filing if it states that the plaintiff didn't show due to writing the wrong date in his calendar. That could be a big help in blocking him.

Justice Matters

The court will likely allow the plaintiff to have the matter restored to the hearing list provided that the hearing date was not peremptory on the plaintiff and the plaintiff was not in default of any other orders and otherwise does not have a recorded history of abusing the court process.

As you can imagine, the court generally does not like to deny natural justice to people over calendar errors and, if asked, will usually set aside an order as a result of such an error. People do make mistakes and we're sure you would want the same consideration if you inadvertently failed to show up on the day of a hearing.

In such situations we do, however, ask for costs as a result of the opposing party causing us to waste a day in court.

josephrodney

My next hearing will be on April 12, 2007, and I need your help again. I live in buffalo, NY and would like to know what happened to the dismissed notice that the small claim court send it to me? Is that still legal or illegal notice? If the plaintiff win with the judgement, is is possible to go to my bank accoun t to levy all of my money? As of now I have no money to my bank account and I only have a prt time job which I'm in government help. Shall I tell to the plaintiff if he win that I have no full time job nor bank account? What do I need to do just in case he win? Please help and i would appreciates everyone one of you with the big hug..

RubyPitbull

It is neither legal nor illegal. It appears to have been set aside, meaning, the guy managed to get his case heard again.


Thanks for the offer of the hug. Not necessary. If the plaintiff wins, depending upon how much he is awarded, he can place a lien against your bank accounts and any property you own. If it is a traceable holding, if it can be found, it will be. If you do not have any money, he can try to garnish your paycheck. You can tell him that you don't have a job or money, but it will do you no good. He will not take your word for it and he will try to find whatever assets you have.

The best thing you can do is to make sure you can defend against his case and have it dismissed.

josephrodney

Thank you Ruby Pitbull, i apprciates your answer! if you don't accept my hug a b ig kiss from!! thank you again!! I will tell you what is the outcome of the hearing and i will ask a big question to everyone... god bless!1

RubyPitbull

Yes, please let us know joseph. I just noticed your additional posting on this subject. Please follow LisaB's advice. She knows her stuff.

josephrodney

I will ruby Pitbull! yes, i read lisab answered.. thanks!!