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View Full Version : Can case be reopen if it was dismissed without prejudice


1Redeemed
Aug 27, 2012, 07:36 AM
I had a credit card case in small claims in D.C. It was dismissed in my favor last year without prejudice because plaintiff did not show up. This month I received a judgment against me even though I was not served with a notice of hearing. I have not paid on this account since 2008 because of ongoing unemployment. Can I get the judgment dismissed based on time-barred (3 years limitation in D.C.), lack of proper service and my continued lack of employment. The judgment on my name will prevent me from getting employment.

excon
Aug 27, 2012, 07:42 AM
Can I get the judgment dismissed based on time-barred (3 years limitation in D.C.), lack of proper service and my continued lack of employment. Hello 1:

Can you get it dismissed because the SOL has expired - maybe; due to improper service - maybe; because you're broke - NO.

But, you need to go BACK to the court that granted the judgment, and find out HOW they SAY you were served. Since you weren't, that is what you challenge in your motion to set aside the judgment. You should be able to do that in plain language.

excon