Appeared in Court late and case dismissed with Prejudice. What do I need to do next? sued my apt. for refusing

to return my deposit. The apt name is Alpha (fictitious name) and are registered to do business in Charlotte, NC as Beta (fictitious name) and their registered agent is Gamma (fictitious name) that is located in Raleigh, NC. When I filed a smalls claim I put Alpha on the complain and the apt was served Their lawyer filed a motion to dismiss for 1. insufficiency service of process and 2. Failure to join the right parties in the suit. Reasons to dismiss to the courts: 1. The registered agent for Alpha apts is located in Raleigh, NC. 2. According to the Sermons filed in this action , Plaintiff has failed to properly serve the registered agent for defendant resulting in the insufficiency of service process. I need help on my nest step since don't want them to get away with my deposit and a wr

Charlotte, NC -

Attorney Answers (2)

Andrew Nicholas Clifford

Andrew Nicholas Clifford

Criminal Defense Attorney - Raleigh, NC

You need to speak with a civil attorney/landlord-tenant attorney. Dismissal with prejudice may bar you from re-filing. Either way, you want to get it right this time because you've probably already wasted the filing fee once. At some point, it may not be worth it depending on the size of the deposit. Good luck.

Rixon Charles Rafter III

Rixon Charles Rafter III

Litigation Lawyer - Fairfax, VA

Dismissed with prejudice is a final judgment. It means the plaintiff is barred from bringing an action on the same claim.

See a local landlord tenant attorney to determine who the proper parties are and how you can proceed against them.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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