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-   -   Can case be reopen if it was dismissed without prejudice (https://www.askmehelpdesk.com/showthread.php?t=697320)

  • Aug 27, 2012, 07:36 AM
    1Redeemed
    Can case be reopen if it was dismissed without prejudice
    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.
  • Aug 27, 2012, 07:42 AM
    excon
    Quote:

    Originally Posted by 1Redeemed View Post
    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

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