OhMyMichelle Posted January 10, 2012 Report Share Posted January 10, 2012 I went to civil court in GA to answer a debit collection filing and they did not show up for the court date and it was dismissed. Now they have REFILED. What actions can I take - if any, or anything I can state before the judge of their non-appearance last time - so unfair they can keep re-filing and having me go back and forth to court. Link to comment Share on other sites More sharing options...
KentWA Posted January 10, 2012 Report Share Posted January 10, 2012 How long ago was the first case? Link to comment Share on other sites More sharing options...
OhMyMichelle Posted January 10, 2012 Author Report Share Posted January 10, 2012 It was in December 2011. a month ago. Link to comment Share on other sites More sharing options...
KentWA Posted January 10, 2012 Report Share Posted January 10, 2012 Not much you can do about that. HOWEVER any time you go to court on this case I would have the dismissal order from the first go around. If they do not show again ask the judge to dismiss *with* prejudice since this is the second time you are in court due to their no-show. If this is a JDB you may be able to make out a case of action intended to harass you. Link to comment Share on other sites More sharing options...
OhMyMichelle Posted January 10, 2012 Author Report Share Posted January 10, 2012 I am looking to do a counter-claim as a basis of this is how they had and have been doing business and this is why they were not repaid - this is their pattern of dropping the ball and then wanting you to pay for their mistake - they are still adding interest from the time they missed the court date (hence the dismissal)! I tried to offer a payout and they refused it. Link to comment Share on other sites More sharing options...
OhMyMichelle Posted January 10, 2012 Author Report Share Posted January 10, 2012 OH BTW - thank you for the reply Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted January 10, 2012 Report Share Posted January 10, 2012 not much you can do. like kentwa said, hope they do not show up again and ask for a dismissal with prejudice. Link to comment Share on other sites More sharing options...
OhMyMichelle Posted January 10, 2012 Author Report Share Posted January 10, 2012 I understand they can refile. even though soooooo unfair....however, is there anything I can bring to the judge based on their past no-show? Link to comment Share on other sites More sharing options...
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