I was given a summons to appear in court, For a loan that i haven't started paying yet because the man i was supposed to pay back closed the account i was supposed to make payments in, I have a restraining order against him so i wasn't about to make contact w/him, even though i wanted to start paying him off! Anyway, the man that was taking me to court never showed up! So the Judge dismissed it, how does that work and can the man actually get another summons for this particular case?
2006-12-28 05:59:01 · 7 answers · asked by teeny 1 in Politics & Government ➔ Law & Ethics
A case in court that has been adjudged and dismissed COULD be reopened based upon how it was dismissed. If it was DISMISSED WITH PREJUDICE it CANNOT be retried. If it was DISMISSED WITHOUT PREJUDICE it CAN be retried within a set amount of time, usually 90 days.
2006-12-28 16:45:47 · answer #1 · answered by syaw10 3 · 0⤊ 0⤋
Wait... didn't you just ask this questions, in another form about 15 minutes ago?
You didn't give details about dismissal. Regardless, it depends on how the case was dismissed. With prejudice or without prejudice. With prejudice does not allow the matter to be able to be brought before the court again, without prejudice does.
Was a Suit on Promissory Note filed in the court against you as a defendant in this matter? Was the entire suit dismissed, or was just the Rule to Show Cause (which I am sure is what you were summoned to show up for) dismissed, was a contempt charge issued for the no-show party? I seriously doubt that a Judge would totally dismiss a case in which a suit on a promissory note for monies owed was filed just because the suing party did not show up for a hearing date.
2006-12-28 06:14:15 · answer #2 · answered by deanie1962 4 · 3⤊ 0⤋
Generally, the whole "can't be tried again" thing means if there were a verdict. A dismissal of a claim or a stay of charges just means that it has not been disposed of.
The plaintiff will have to re-file his claim, not just bring in the same old one, which will cost money, so he may not do so. Even if he does, he would likely have to have a damn good reason for not showing, as judges and magistrates are not normally kind to those who waste their time. (Though there is something called a "slip rule" that covers mis-diarizing of dates and the like, though the guy would have to know the actual rule in your jurisdiction to be able to sucessfully use it.)
I wouldn't worry, if you have no way of paying him and no way of contacting him, a judge would likely only order that you pay him now, and would forego interests and costs against you based on your predicament.
2006-12-28 06:20:05 · answer #3 · answered by elysialaw 6 · 0⤊ 1⤋
Am not a lawyer, but I don't think he can.
By all means...make SURE you keep all the documents you have about this...including anything the court issued you showing that the case has been dismissed.
2006-12-28 06:02:18 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Cases can be reopened after dismissal provided the person can prove a good reason for it to be reopened. Sorry!
2006-12-28 06:09:14 · answer #5 · answered by Yahzmin ♥♥ 4ever 7 · 0⤊ 0⤋
And does that no longer tutor that there is a God? For whilst repeating circumstances alongside with those ensue can it in basic terms be random threat? I comprehend that Mintos isn't that rare a popularity in Australia; and neither is William. with the aid of what threat did serendipity ensue added in this tale?
2016-11-24 20:28:18 · answer #6 · answered by Anonymous · 0⤊ 0⤋
A DISMISSAL IS NOT A VERDICT. A DISMISSAL CAN BE REOPENED. A VERDICT MUST BE APPEALED.
2006-12-28 06:03:03 · answer #7 · answered by strike_eagle29 6 · 0⤊ 1⤋