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    sterlin's Avatar
    sterlin Posts: 5, Reputation: 1
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    #1

    Nov 22, 2007, 09:02 PM
    Case dismissed refiled
    My daughter had a boyfriend she broke it off with who became angry and filed a small claims saying she owed him money. He did not show up for court and my daughter did. The judge said he dismissed the case. She took off from work to go. Now the guy called and said he would refile. My daughter called the court and they said he could. How can this be true? Any advice?
    sterlin's Avatar
    sterlin Posts: 5, Reputation: 1
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    #2

    Nov 22, 2007, 09:09 PM
    Quote Originally Posted by sterlin
    My daughter had a boyfriend she broke it off with who became angry and filed a small claims saying she owed him money. He did not show up for court and my daughter did. The judge said he dismissed the case. She took off from work to go. Now the guy called and said he would refile. My daughter called the court and they said he could. How can this be true? Any advice?
    I know I know I should have read the post below mine. Sorry Guys!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 22, 2007, 09:09 PM
    Yes, because the case was merely dismissed, had she asked for a default judgement because he did not show uo, then she would have won, he could appeal, but not refile.. so yes he can refile, And if the court says he can, he can
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 22, 2007, 09:11 PM
    Because she didn't get a dismissal without prejudice. A plaintiff is allowed to refile If they miss the court date. The next time, make sure your daughters asks for a dismissal without prejudice so he can't refile.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 23, 2007, 06:00 AM
    Whoops I always forget which is which. Dismissal WITH prejudice is permanent. Without prejudice is temporary. So she wants it dismissed WITH prejudice.
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