eviction question

[rayne428]

Originally Posted by jjgross

In less it was dismissed with prejudice it can be refiled at a later date.However the sol would kick in.the law is black and white very little wiggle room.

As soon as I read this I called the court again to see how it was filed or dismissed or whatever and the girl said it was dismissed with prejudice so it can be re-filed , she also told me that with was up to the apt complex if they wanted to re-file or not, I don’t think they will I’m in very good standing with them and I don’t owe them anything, what happened was explained to them and they seem to understand but then again I’m not gonna put anything pass them and I’m gonna cross my fingers and hope they don’t re-file it.

[Trish]

Wait, if it was dismissed WITH prejudice it cannot be re-filed.

"DISMISSAL WITH PREJUDICE - When a case is dismissed for good reason and the plaintiff is barred from bringing an action on the same claim."

ETA: PLUS.......yes, since you paid it.....I'm pretty sure you're in the clear.

[rayne428]

[quote=Trish;20548]Wait, if it was dismissed WITH prejudice it cannot be re-filed.

"DISMISSAL WITH PREJUDICE - When a case is dismissed for good reason and the plaintiff is barred from bringing an action on the same claim."[/QUOTE

oh then i dunno thats what the girl said

[Trish]

UGH......those clerks.
I found out the hard way that you can't trust what they say. I got ALL kinds of misinformation from my local court. Don't believe her. If it is WITH prejudice, you're fine.

Oh and if you want to make sure (for your own peace of mind), see if you can find the info online to print out and keep for your records. If you can't do that, you can go down to the clerks office and get a copy.........or at least view the case file to make sure it was dismissed with prejudice.

[jjgross]

Originally Posted by Trish

UGH......those clerks.
I found out the hard way that you can't trust what they say. I got ALL kinds of misinformation from my local court. Don't believe her. If it is WITH prejudice, you're fine.

Oh and if you want to make sure (for your own peace of mind), see if you can find the info online to print out and keep for your records. If you can't do that, you can go down to the clerks office and get a copy.........or at least view the case file to make sure it was dismissed with prejudice.

Thats why when you have a case dismissed you always ask the judge to include with prejudice.Thats why you do alot of study you cant trust what the clerks say

[rayne428]

Originally Posted by jjgross

Thats why when you have a case dismissed you always ask the judge to include with prejudice.Thats why you do alot of study you cant trust what the clerks say

the case has already been dismissed and close so i guess i cant ask for that now right? if not like i said just going to call the apt complex and talk to them about it and make sure i'm in good standing with them

[Trish]

Originally Posted by rayne428

the case has already been dismissed and close so i guess i cant ask for that now right? if not like i said just going to call the apt complex and talk to them about it and make sure i'm in good standing with them

No, you can't ask now since it is over and done........BUT from the sounds of it, you are good. One, if it was dismissed with prejudice (like I said, you need to find out for sure - don't take the clerks word for it) then by law, they can't try to sue you again. Two, you paid the debt. They have NO reason to try and sue you again. There is no need to talk to the apt complex. To make absolutely sure, go down to the courthouse.

[rayne428]

thanks guys, u guys are very helpful, great advice