It looks like we are set for a hearing in May but I am very confused. I can't understand why a case dismissed with prejudice would be able to brought before the court with even a chance to be reinstated. They are claiming they had no notice, etc, however I was after them for four months to validate the debt. Lucky for me I was smart enough to send everything certified and kept copies of everything I sent. I am hoping I will be able to enter this into evidence and just have this whole thing put behind me. Any advice would be appreciated.
Do we have to go to trial or can I submit my evidence before hand and ask that the court uphold their previous decision? Also this is with a different Judge, will that make a difference?
Personal Injury Lawyer
As a pro se litigant you do not understand procedural rules which must be followed regardless of your status. You opponents have the right to petition the court for the relief they requested and if denied appeal the case to the appellate court. You must respond to their claims and appear in court on the date set for the hearing. If they is a significant sum of money involved in this case I strongly suggest that you hire a local attorney to represent and protect you.
Judges prefer that cases be decided on their merits, on not on technicalities like notice being improper. That's why dismissals are routinely vacated, so the dismissed party has a chance to litigate the merits of their case.
It's somewhat unusual for a plaintiff to be making this argument, and they'll need a good reason why they let their case get dismissed, but obviously they think they have a good reason or they wouldn't have accomplished reinstatement. Four months isn't very long for a discovery dispute, and even if they didn't validate the debt in that time, discovery sanctions for something like that usuallly woudln't get a case dismissed with prejudice, so relying on that isn't going to be a very strong argument.
Pro per litigants generally don't do well in court, so if you want a real chance at prevailing here, then hire your own lawyer.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
I can only reinforce what you have been told. You need to appreciate that the Dismissal HAS ALREADY BEEN VACATED or you would not be writing to us. As others have noted, without an understanding and familiarity with Indiana Rules of Civil Procedure, you're only going to get the court angry. You need to consult with an attorney to learn what is at stake and what they can do for you.
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Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. You may contact the writer with these links: