[standstolose]

First I would like to thank everyone who responded to my post. Your information was invaluable. I am back from the hearing at the local court concerning 2 credit card debts. I won because the plaintiffs never showed up for court. The judge said that he was required to dismiss without prejudice so that the plaintiffs can appeal. My question now is... if the plaintiffs do decide to appeal would that be to a higher court such as county? If this is the case, what do you suggest my next move should be? Thank you in advance

[Lowtax4eva]

Dismissed without prejudice does not mean you won. They can re-file in the same court and get a judgement. It simply means there was not enough evidence (the plaintiff in this case was not there) to continue.

Maybe re-contact them and make a big payment if you can, if they re-file and win you will most likely have to pay the court fees.

[mr.yet]

Not Correct, if you move the court to dimiss with prejudice and the plaintiff never showed, the judge should have grant your request. The Plaintiff hadthe opportunity to state their claim and did not show. You are require to be there or they would have won by default, same goes for them. In my opinion the judge is bias.

[Lowtax4eva]

This is true, but the judge already ruled from what I understood. If you have a lawyer in this matter see if he can ask that it be reviewed and dismissed with prejudice and this would prevent them from re-filing.

But at the moment, they can.

[ScottGem]

Did no one show up or just the actual plaintiffs, but their representation was there? If their representation was there, I can understand the judge's ruling. If no one at all showed, then he should have dismissed with prejudice.

You didn't win the war, but you did win a battle. Yes, they can refile, but they only get a judgement if they prove their case. The fact that they didn't show, indicates they know they have a weak case. So I suggest you bide your time and wait for them to refile.

[standstolose]

The local magistrate called my name and I responded. Then he called the 2 plaintiffs by name and no one answered. There was no representation there either. Then the judge called me up to the bench and said you won.
I asked if it was dismissed with prejudice, the judge answered no that he was required to dismiss without prejudice and that the plaintiff has the right to appeal. I didn't feel it was quite the time to argue with the judge since he had about 5 other cases waiting. I kind of think that is not fair. After all, if I had not shown up the plaintiffs would have won the judgement automatically. But it is OK for the plaintiffs not to show up with no explanation and still get another crack at me. Please someone explain that to me.

[ScottGem]

Most likely, it's a matter of timing. They are given at least one chance to reinstate the action. If they don't show up a second time, then it might be dismissed with prejudice. While they might have gotten a default judgement if you didn't show up, you would still have a chance to appeal.

What documentation did you get from the court?

[standstolose]

I am assuming the judgement will come in the mail... received nothing in hand at the court. I have to decided to take your advice Scott and just bide my time and see what their next move is.

[ScottGem]

The only thing I would do is make sure you get a transcript or documentation of the proceedings. Other than that, wait for them to make a move and hope they don't.

[standstolose]

I received documentation of judgement in the mail today. Is that all I need? Will wait and keep my fingers crossed.. Thanks much again

[ScottGem]

Yep. Keeping fingers crossed for you.