The DU Lounge
Related: Culture Forums, Support ForumsAny lawyers/paralegals/knowledgable people in the Lounge today?
I have a question . . .
In 2011, I had a complaint filed against me in small claims court. The plaintiff did not show, and his case was dismissed with prejudice. A few months later, he filed a motion to request a new hearing, which was denied. Approximately a month after that, he filed a motion a motion to reinstate. That was also denied.
To my surprise, he refiled, this time asking for a higher dollar amount. He's asking for damages due to "deformation of character." (Yeah, I know, but that's what the complaint says).
The plaintiff is in another state, and I'm sure he knows it creates a hardship for me to take time off of work to travel (I don't have any paid leave).
A Google search came up with this definition from uslegal.com: "A dismissal with prejudice is dismissal of a case on merits after adjudication.The plaintiff is barred from bringing an action on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it."
Based on this definition, I filed a motion to dismiss. Now I realize that laws differ from state to state, but is there some way a defendant can protect herself from frivolous lawsuits? Obviously, this clown has too much time and money on this hands to file claims and pay private process servers. I know that lawyers can be disciplined for pulling stunts like this, but he's filing pro se.
NV Whino
(20,886 posts)Seems to me this is harassment.
When the plaintiff doesn't show, the case is dismissed. Period. No further recourse on that case.
But the real answer is spend a few bucks on an attorney.
Baitball Blogger
(46,758 posts)They are not all the same. When you find one, ask them how many other similar cases they represented, and their success ratio.
What will be a problem since it involves another state, is that you may have to find a lawyer who is a member of that state's bar association. To make it more complicated, there may be divisions within the state. However, from what I understand, an outside lawyer can practice within the state if they proxy through a law firm that is a member of the appropriate bar.
Of course, I could be wrong.
Pool Hall Ace
(5,849 posts)he didn't even bother to show up for the ex parte proof of damages hearing.
This, to me, seems to be an abuse of the legal system. I would think judges would not take too kindly to that.
The tricky part is, how do I find an attorney who is a few states away?
NV Whino
(20,886 posts)Who can advise you about all the out of state stuff. He or she may have associate in the other state. And again, a cease and desist letter may be all that's needed.
As mentioned, frequently the first consult is free, and it may be enough to point you in the right direction.
Response to Pool Hall Ace (Original post)
AnotherMcIntosh This message was self-deleted by its author.