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    BinkydollCat's Avatar
    BinkydollCat Posts: 8, Reputation: 1
    New Member
    		  
    #1

    Jun 24, 2007, 05:50 PM
    Judgement is archived.not listed?
    Hi Everyone!

    Would appreciate anyone's thoughts on this...

    I called the court to inquire about a judgement... not on credit report and according to the court clerk, it was archived and no longer listed. What does this mean?

    THANKS!!
    rfarmer's Avatar
    rfarmer Posts: 13, Reputation: 2
    New Member
    		  
    #2

    Jun 24, 2007, 05:57 PM
    Has it been longer than 7 yrs.
    BinkydollCat's Avatar
    BinkydollCat Posts: 8, Reputation: 1
    New Member
    		  
    #3

    Jun 25, 2007, 06:19 AM
    No, not at all... Last September, we went to the court last year because the plaintiff's lawyer requested an order for discovery but they never showed up... the judge's assistant called the lawyer while we were there to see if they were coming and they didn't. At this point, I don't know what the judge did but he told us we could go and to not worry about it.

    So, what happened to the judgement?

    We haven't heard anything since that day and he checked his credit report to see if it was on there and it wasn't... the lawyer for the plaintiff never served him properly during the judgement... the lawyer sent the papers to a Pork Store! Obviously, he never received word of the judgement until a year after the court date so he never had a chance to defend himself.

    So, do we open a can of worms and try to vacate the judgement (improper service) or do we let sleeping dogs lie?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jun 25, 2007, 06:24 AM
    What it sounds like is the suit was dismissed without prejudice. This means the plaintiff can refile but until then, the suit is dormant. No judgement has been awarded. To be dismissed WITH prejudice would mean the plaintiff can't refile.
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