what does this mean?

Question

i had a small claims court date that i missed then the court recoreds came in the mail. and it said at the bottom Citation dismissed w/out prejudice. what the heck does this mean?

Answer 1

The person who filed the Small Claims Court complaint either:

1. Failed to show up at the hearing also; or
2. Showed up in Court, and the Judge did not believe the evidence provided to support the complaint.

So, lucky for you, the Judge DISMISSED the case. However, he dismissed the case without precluding the plaintiff from re-filing the complaint (i.e. without prejudice to his right to file a new complaint against you). This means that IF the plaintiff wants to, the plaintiff can re-file the complaint against you - and you will have to respond.

If the Judge had dismissed "WITH prejudice," the plaintiff would not be able to re-file the complaint against you. (If you are served with a new complaint, DO NOT MISS THE HEARING! You were lucky this time: do not tempt fate.)

Answer 2

In law, the phrase without prejudice means that a claim, lawsuit, or proceeding has been brought to a temporary end but that no legal rights or privileges have been determined, waived, or lost by the result. For example, if a party brings a lawsuit in small claims court but discovers that the claim is over the amount for that court to have jurisdiction, the lawsuit can be dismissed "without prejudice". This means that the dismissal is no bar to bringing a new lawsuit in a court that does have jurisdiction.

By contrast with prejudice means that a party's legal rights have in fact been determined and lost. To continue the same example, if instead the court had jurisdiction, but the plaintiff did not appear for the trial, the court would dismiss the case "with prejudice". That dismissal is a judgment against the plaintiff "on the merits" of the case, and extinguishes the claim that was being sued over. However, this does not prevent an appeal or a trial de novo if ordered by a higher court.

In many common-law jurisdictions such as England, Canada, Australia, New Zealand and Singapore, the term "without prejudice" is also used in the course of negotiations to indicate that a particular conversation or letter is not to be tendered as evidence in court. Such correspondences must be made in the course of negotiations and must be a genuine attempt to settle a dispute between the parties. It may not be used as a facade to conceal facts or evidence from the court and as such a document marked "without prejudice" that does not actually contain any offer of settlement can be submitted should the matter proceed to court.

There is also the term "without prejudice save as to costs" which is a modification to the above and refers to a communication which cannot be exhibited in court until the end of the trial when the court awards costs to the successful party.

Answer 3

It mean ...YOU LOST ! What would you expect the judge to say ...uh, can somebody go and find Bozo the Clown...the circus is about to start ? No ! What he probably said went something like this : " In the case of Bozo the Clown vs the midget in the tiny car and big shoes.....I find in favor of the little guy because the big bonehead is not here. Even after he made such a noise and had all of to show up and hear how the midget accidentally ran over his foot with the tiny car .And he ain't here ! ? I should take him to small claims for not showing up today...I could have been fishin' or something !

{ please take note that the term " midget " was not meant to offend anyone and the use of the term was simply to draw a direct parallel with the entertainment sector , known globally as " The Circus " ,and their so-called use of the term to describe the undersized stars of some of their comedy routines. Please accept my apologies in advance for the possible feelings that may or may not have been hurt . Thank You }

Answer 4

That means that the case has been dismissed. Meaning that nothing more will take place. W/Out Prejudice, means that if you wanted to dispute or if they wanted to dispute that the case could go back and the judge would hear it. With Prejudice means that the case can not go back to court.

Answer 5

bah. the correct answer is thus. to be dismissed without prejudice means simply that there is no judgement. this case may be reopened. the court has not found for either party.

Answer 6

They're not going to hold it against you for missing the court date. Be thankful. : )

Answer 7

Probably the complaintant did not show up either. You may get another notice if the complaintant tries to reopen

Answer 8

I believe this would mean because you failed to appear you are forfeiting your rights and hence you are the looser of the court case. So, if it was over money, then you would be liable to pay.