My wife's lawsuit was just dismissed without prejudice after the Collection agency waited until less than 2 weeks before trial to file for summary judgment. 7 weeks after the deadline to file. I brought to the courts attention. How can the trial proceed when we are still within the 28 day deadline to respond to the motion?
If the lawsuit was dismissed withOUT prejudice, then there should not be a trial coming up but you should verify with the court. Now if you are asking can you request the court change the dismissal to WITH prejudice, you normally can do that but there is some risk. A dismissal withOUT prejudice is not a complete victory but it is a victory. Always a chance a judge undoes the whole dismissal etc. I would really recommend getting with a consumer protection lawyer in your state to figure this out -- www.consumeradvocates.org/find-an-attorney is a good place to start. I'm going to do a video on how to use the website to find a lawyer in your state. Thanks for the excellent question and I hope it all goes very well for you. John Watts
3:35 but John, if the defendant has the same issue the judgement is automatically entered for the plaintiff. That seems lopsided as all get out. Not very balanced. As if defendants don’t have children, car trouble or scheduling issues. Many don’t even have an 8th grade education down there. Or up here for that matter.
Correct it is unfair but that's the reality of most courts. If a consumer defendant does have car trouble etc need to let the court know ASAP and most judges are good about a second chance. Best wishes and thanks for the comments! John Watts
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My wife's lawsuit was just dismissed without prejudice after the Collection agency waited until less than 2 weeks before trial to file for summary judgment. 7 weeks after the deadline to file. I brought to the courts attention. How can the trial proceed when we are still within the 28 day deadline to respond to the motion?
If the lawsuit was dismissed withOUT prejudice, then there should not be a trial coming up but you should verify with the court.
Now if you are asking can you request the court change the dismissal to WITH prejudice, you normally can do that but there is some risk.
A dismissal withOUT prejudice is not a complete victory but it is a victory. Always a chance a judge undoes the whole dismissal etc.
I would really recommend getting with a consumer protection lawyer in your state to figure this out -- www.consumeradvocates.org/find-an-attorney is a good place to start.
I'm going to do a video on how to use the website to find a lawyer in your state.
Thanks for the excellent question and I hope it all goes very well for you.
John Watts
I had one file something sayings that the undersigned will be in court
Thank you for your videos.
You are very welcome!
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3:35 but John, if the defendant has the same issue the judgement is automatically entered for the plaintiff. That seems lopsided as all get out. Not very balanced. As if defendants don’t have children, car trouble or scheduling issues. Many don’t even have an 8th grade education down there. Or up here for that matter.
Right. If the Defendant doesn't show up for trial. Make no mistake about it. A default judgment will be issued agianst you.
Correct it is unfair but that's the reality of most courts. If a consumer defendant does have car trouble etc need to let the court know ASAP and most judges are good about a second chance. Best wishes and thanks for the comments!
John Watts