Ask Experts Questions for FREE Help !
Ask
    1Redeemed's Avatar
    1Redeemed Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Aug 27, 2012, 07:36 AM
    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.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Aug 27, 2012, 07:42 AM
    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
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can he reopen a case that has been dismissed [ 8 Answers ]

Its my first time to get arrested.I get arrested for domestic violence, batterry using deadly weapon (scissors) .it's a boyfriend and girlfriends fight, because I caught him cheating on me.we had a court 2009 but he didn't show up.and the judge dismissed the case.. now can he still reopen the case?.

Can I recoup costs for malicious prosecution if case dismissed without prejudice [ 10 Answers ]

OK, I was the respondent in a criminal harassment case brought only because the person claiming to be harassed wanted to harass me and has a real control issue about wanting to get me completely out of town, not just 100 feet away. It was a case where I saw her at a stop light in town both of us in...

Dismissed without prejudice [ 1 Answers ]

I was suited in one county for a credit card balance. I went to court and the attorneys didn't have all of the paperwork I requested to see as evidence. It was later dismissed without prejudice. About a 2 years later the same attorneys are suing me again in a different county for the same credit...

Dismissed with prejudice [ 1 Answers ]

I have a question. I was charged early this year with a court-martial offense while on active duty in the military. The charge was later "dismissed with prejudice." It never was referred to a court-martial so I was never arraigned and so forth. However, there was an investigation that led to the...

View more questions Search