My ex took me to court several years ago and he ended up not showing up for court twice. Because of this the judge dismissed it with prejudice. Now he is taking me back for it again. Can he do this?
2007-07-19 05:15:57 · 7 answers · asked by Jen 4 in Food & Drink ➔ Beer, Wine & Spirits
I accidently put this question in the wrong category.
2007-07-19 05:16:47 · update #1
Im in Illinois Kendall County. how do I counter sue for harrassment? I am doing this on my own since I don't have the money for this anymore.
2007-07-19 05:35:20 · update #2
You need to get to a lawyer pronto - if he is trying to sue you for a dismissed case that he failed to prove the first time it is harassment and you may want to consider filing a restraining order to prevent him contacting you personally.
2007-07-19 05:20:49 · answer #1 · answered by Walking on Sunshine 7 · 0⤊ 0⤋
If your case was dismissed with prejudice, no he can't bring it back on the same claim. What you need to do is to go seek Legal Aid or some other low-income legal assistance program and ask them to get you a motion to dismiss based on the concept of res judicata. It's pretty simple for a lawyer to do but it's not something I would recommend a lay person attempt.
2007-07-19 06:28:40 · answer #2 · answered by KatJones37 5 · 0⤊ 0⤋
The case was dismissed, wasn't actually settled. So I assume it would be re-opened at anytime. I believe a judge would take this in consideration, him not showin up twice.
That is my opinion, I don't now the facts. Would be nice if you mentioned the state or province this was in, since their is different laws and procedures.
2007-07-19 05:22:11 · answer #3 · answered by Donny Dutch 4 · 0⤊ 0⤋
Hire a lawyer and counter-sue for harassment.
2007-07-19 05:20:55 · answer #4 · answered by Dave C 7 · 0⤊ 0⤋
You can always ask a lawyer to help you understand the law
making the definition of 'dismissed' and 'harassment'. clear to you. "Free"
2007-07-19 05:24:56 · answer #5 · answered by Anonymous · 0⤊ 0⤋
in case you have documents of going to court docket and the plaintiff did not take place, deliver copies of that . the quantity they are re-suing you for is perhaps with pastime calculated into the unique quantity. There must be documents of their no-instruct. additionally verify your state for statute of limitations in this form of lawsuit.
2016-10-22 01:34:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
hey we're twins. But seriously you need to get a good lawyer this is not right what he is doing to you.
2007-07-19 06:34:37 · answer #7 · answered by Muffin 5 · 0⤊ 0⤋