Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Can a dismissed court case be reset or retried in court?


I live in Tennessee. I was being sued for a debt that occurred in October 2007. The amount is over $10k.
I went to court in Dec. 2008, we spoke to the prosecuting attorney and he said he would reschedule the court date for 4/8/09. We never heard back from him again, received nothing about the court date---but we went.
The prosecuting attorney did not show up. The judge dismissed the case.
Today 4/9/09 I received a letter from the prosecuting attorney stating they could not show on 4/8/09, the letter is dated 4/6/09. It also stated they had rescheduled the date to 7/22/09.
When I called them they were angry and said they would just have to try to reset it again to prosecute me.
Is that legal? Isn't it also stated that if you can't make it to court you must notify the other party within 7 days?
Thanks for any help!

Answer Question
 
julie.r0cks

Asked by julie.r0cks at 2:59 PM on Apr. 9, 2009 in Politics & Current Events

Level 3 (21 Credits)
Answers (17)
  • Contact your lawyer.
    Anonymous

    Answer by Anonymous at 3:03 PM on Apr. 9, 2009

  • I believe it is legal that if its DISMISSED they can retry you. Only when they find you not guilty is when they cant charge you again. As for the 7 days- im not positive.. Good luck.

    BEXi

    Answer by BEXi at 3:03 PM on Apr. 9, 2009

  • They can retry you they will win too.
    Anonymous

    Answer by Anonymous at 3:06 PM on Apr. 9, 2009

  • Anon: why will they win? How can you KNOW that?
    They aren't going to win as I do not owe this money, and I am going to prove that...as I would have yesterday...I just hate that I will have to lose ANOTHER day of work for these jerks.
    julie.r0cks

    Answer by julie.r0cks at 3:07 PM on Apr. 9, 2009

  • I suggest talking to a lawyer as each state varies. However, if the attorney for the prosecution did not notify the COURT of rescheduling and the judge dismissed the case, then its possible that will give you grounds to not be obligated to repay the debt. However, since this is debt related (and not a criminal matter) I think that they may have to start a whole NEW case and then still be able to try and recover the debt. Do internet searches on state-realted debt laws to help you know more about the situation, but definitly get a lawyer with debt related experiance (especially for that amount). You will need legal know-how on your side.
    ozarkgirl3

    Answer by ozarkgirl3 at 3:12 PM on Apr. 9, 2009

  • She said it was debt she had. She owes the money why wouldn't they win? Her checks will be garnished and she won't get a tax refund. Not like they can send her to jail. Pay bills and this doesn't happen. My husband lost his job and we still pay ours.
    Anonymous

    Answer by Anonymous at 3:14 PM on Apr. 9, 2009

  • You owe it just pay up.
    Anonymous

    Answer by Anonymous at 3:15 PM on Apr. 9, 2009

  • Call your lawyer.
    Fiveofakind2

    Answer by Fiveofakind2 at 3:18 PM on Apr. 9, 2009

  • So . . . you DON'T owe the money, right? i'm just confused . . .
    jennijune_21

    Answer by jennijune_21 at 3:19 PM on Apr. 9, 2009

  • Right---I don't owe the money. It was a bad car loan that never went through---we gave the car back...and then later the loan company said oh yes it did go through. we never even had time to make the first payment, they are suing us for $11k +, and they sold the car at an auction for $550.
    We had the car for less than one month---
    We don't have the car, the car was obviously a pos. It was a 2001 with 106k miles on it.
    We do not owe this money.
    I really didn't wanna have to get a lawyer b/c we cannot afford one, but I think at this point we will have to get one---just irritates me. People want me to pay $11k for something---and I get NOTHING???
    I paid $1000k down...and never got that back---and got NOTHING to show for my $1000!
    julie.r0cks

    Answer by julie.r0cks at 3:43 PM on Apr. 9, 2009

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.