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Small claims case, hearing vacated no proof of service, is there anything I can do besides refile?

Bakersfield, CA |

Two months ago I filed and received paper work for a small claims case. I paid a process server to serve and file the proof of service. I find out today that my hearing has been canceled and the case dismissed without prejudice due to no proof of service. I have obtained the proof of service from the process server dated more than a month ago who apparently failed to file the paper work with the court. My hearing was originally schedule for tomorrow, is there anything I can do to fix this? If we file the proof of service now can it be rescheduled or do I need to start all over again and submit a new case????

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Attorney answers 1


To try to re-open the case, you would have to again serve the defendant with a motion to do so, and then you may have to serve the defendant with the new hearing date.

Just refiling the case would be much cleaner and easier. Be sure that the defendant knows that the case has been dismissed.