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Danyell
Nov 1, 2006, 02:06 PM
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 received 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.. :mad:

mr.yet
Nov 1, 2006, 02:08 PM
Was if dismiss, or postponded?

excon
Nov 1, 2006, 02:11 PM
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
Nov 1, 2006, 08:37 PM
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
Nov 1, 2006, 08:52 PM
A lot 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
Nov 3, 2006, 10:34 AM
So in your defense on the next hearing, you need to bring this matter up to the judge.

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!