Someone took our company to small claims court, we showed up, they didn't, and the case was dismissed. I'd like to be prepared for what could happen now. Anyone know what course of action they can take?
2007-01-19 01:56:03 · 10 answers · asked by Lisa F 1 in Politics & Government ➔ Law & Ethics
Someone took us to small claims court regarding a water heater they purchased, that has not been installed yet, because they failed to pay us for the first phase of the job we completed. We showed up to court, they didn't, and the case was dismissed. We are a small family owned company and do not have an attorney. I'm not sure if it was dismissed with or without prejudice, because the paperwork is being sent in the mail.
2007-01-19 02:20:28 · update #1
Case was dismissed, it's done and over with.
2007-01-19 01:59:04 · answer #1 · answered by Anonymous · 0⤊ 0⤋
CALL the Small Claims Court and speak with a clerk. Was it dismissed with or without prejudice? If the clerk says that the person cannot, and that person DOES proceed and brings charges again, it is imperative that someone go and represent the company... and let the court know of the previous dismissal (or the company can lose by default). Why don't you simply ask the company attorney to find out? I also suggest that you DO have an attorney go with you if that person is within his/her rights to bring you up again to Small Claims Court. Laws vary from State to State; in NYC, if you agree to go before an arbitrator, instead of waiting endlessly to be heard by a bona fide judge, then you do NOT have the right to appeal because no record-keeper (stenographer) is present, and the decision by the arbitrator is final.
CALL the Small Claims Court and speak with a clerk and get all the facts first, and then speak with the company attorney.
2007-01-19 02:13:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
First, a copy of the police report, as well as any witnesses you may have to the dealings with this customer. Any documents pertaining to the claim, estimates and so on will also establish your point. Now from a legal standpoint, warranties come in two types, which are express and implied. An express warranty is a statement of what will be done. "This will be fixed and it will last five years." Now an implied warranty is much more subtle, it usually deals with a duty to use best efforts to repair the damage, as well as the so called "Covenant of Good Faith and Fair Dealing," which basically means that you are going to deal ethically with the customer. The complaint you received should specify which type of warranty she is claiming was made. Your task will be to establish that no warranty was made as to the right side of the vehicle, only the left. And even at that, this is more of a professional negligence allegation than it is a breach of warranty claim because she is claiming that work promised was not done. A breach of warranty claim would only arise if there was a problem with the work done on the other side of the vehicle. Also, when you get to the hearing thoroughly review any estimates that she may have regarding her damages, as well as any evidence she presents to support the claim that the work not done was a.needed b. related to the original collision.
2016-05-24 06:43:08 · answer #3 · answered by ? 4 · 0⤊ 0⤋
They can not try you in court twice on the same thing hmm it depends who you are. I have seen it go both ways depends how the judge deals with it. Some times they may say "and this case is done and can not be retried" Other times I have seen the judge say we will set this trial to a different date if someone did not show because ..... (happened three times,same case to someone I knew) I am from a county that has the good ole boy network It's crooked and you have to know the right people to get a fair trial.That is my own thoughts on that.I cant answer your question for sure
Don't worry about it, I took someone to court 6 years ago won my case they didn't show up, there were to pay me $3000.00 for back rent and convicted of thief. Six months later she got nailed something else (was a war rent for her arrest from my case) and the courts took the theft charges off her record, she bargained with them, I could not believe it! Oh yea to this date she still owes me $3000.00 plus interest and I have not seen a penny.She paid me $100.00 check once and it bounced, coasted me an extra $30.00 where is the justice in it all. They say its on her record for ten years before it it then dropped, unless I resumitt it before ten years (I will) the only people making money on this is the courts and attorneys
2007-01-19 02:33:20 · answer #4 · answered by Mr. Wonderful 2 · 0⤊ 0⤋
I can only speak about my own case it was a little different. I was the one sued by a business owner that wanted to be payed for a service he did not do, the judge dismissed his case and he kept appealing the decision. I went to court, arbitration, and Superior Court I don't know if that will be your case since your party didn't show up but they have so many days to appeal after the decision.
2007-01-19 02:11:10 · answer #5 · answered by puzzled 5 · 0⤊ 0⤋
If the case was dismissed, I don't think that they have ANY resource at all. I would just keep the paperwork that shows the case was dismissed in case they try any further action.
To frugernity -- yes, I did mean recourse. Sorry. And the spell check didn't pick it up of course!
2007-01-19 01:59:01 · answer #6 · answered by Tikhacoffee/MisterMoo 6 · 0⤊ 0⤋
No, sorry, it's not necessarily over. In my state, small claims court is not a court "of record" and they can refile in the higher court of general jurisdiction. That Court has various names in different states, but it's district court in my state, court of common pleas in the Eastern states, superior court in California, supreme court in N.Y and probably some other variations. It would be whatever court in your state would hear a murder trial, for example. They can refile the case or appeal the dismissal. I also cannot tell you the exact time frame, but it would range from as little as 15 days to as much as 30 days after the dismissal.
2007-01-19 02:08:20 · answer #7 · answered by David M 7 · 1⤊ 0⤋
If the case was dismissed without prejudice, then they can bring the case again.
If it was dismissed WITH prejudice, then they can't.
Read the court ruling carefully.
2007-01-19 02:03:38 · answer #8 · answered by Brian L 7 · 1⤊ 0⤋
If the order doesn't specify, it is "without prejudice" and they can take you to court again but first they have to petition to set aside the dismissal. this will allow you to request a hearing in order to defend against setting aside the order by showing prejudice. if they succeed in setting aside, then they can reopen the matter.
2007-01-21 10:02:58 · answer #9 · answered by Anonymous · 0⤊ 0⤋
That case is closed as regards the specific damages being sought. You cannot be re-sued by the same part(ies) for the same damages. It is up to the plaintiff to show up and present their evidence. They did not do that so they lost the case. They don't get another chance.
Howevere, they might be able to sue for different damages related to the same incidents. If I was suing you for property damage to my car and I didn't show up I cannot sue you for that again but I could still sue you for medical bills related to that same accident.
p.s. I think the first answerer meant recourse, not resource.
2007-01-19 02:03:07 · answer #10 · answered by Anonymous · 1⤊ 0⤋