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Small Claims Court Question [Urgent Answer Needed]

  • 21-07-2009 3:53pm
    #1
    Jim236
    Closed Accounts Posts: 956 ✭✭✭


    Hi,

    My parents were recently involved in a case in the small claims court. I won't go into the details, but they read their court appearence date wrong and thought it was the 27th July when it was actually the 17th, and the case was dismissed because of them not appearing.

    This is a genuine mistake which anyone could've made, is there anything my parents can do or is their case just dead in the water because of not showing up? Could they take the person to court again despite the case being dismissed?

    Any help appreciated.


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    It may depend on whether the dismissal was without prejudice simply because nobody appeared, or "on the merits". Dismissal of the case OTM usually means that evidence has been heard and an adjudicaton made, and then you have to consider an appeal.

    Dismissal without prejudice means you can re-serve and re-enter the case, assuming you are not statute barred.

    Diary mistakes happen all the time, and usually if there is no show the solicitor on the other side would ask that the case be put back untill later on the day and make a phone call to the other side to find out the position

    Contact the solicitor on the other side to see what can be done.


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