Legal Question

[leadfootlevi]

What does "Dismissal with prejudice" mean in a civil case (we're the defendants)? I think it means we won the case and we can never be sued by the plaintiff for the same issue again. Am I right? I hope I'm right!

 

[maraki527]

your right!

 

[stashbin]

I am not an attorney, but in my years of experience watching Judge Judy, I believe you are right!

 

[secretpantssam]

Dismissed with prejudice means they can't bring those same charges up against you.

At least that's what I learned from Law and Order

 

[leadfootlevi]

OMG OMG OMG!!!! I am so freaking happy!!!!!!

We WON! (And, for those who've been following, neighbor lady told the Judge Mathis show "No way.") Too bad for her - she could have at least gotten a couple hundred bucks out of that deal.

WOO HOO!!!!!!

Oh, and to make this budget related - that's $4000 into the savings account instead of into her back pocket.

 

[Sarahlovy]

I think you are in the clear!
http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=6092

 

[mtblujeans]

OMG OMG OMG!!!! I am so freaking happy!!!!!!

We WON! (And, for those who've been following, neighbor lady told the Judge Mathis show "No way.") Too bad for her - she could have at least gotten a couple hundred bucks out of that deal.

WOO HOO!!!!!!

Oh, and to make this budget related - that's $4000 into the savings account instead of into her back pocket.

You have definitely gotten your money's worth out of the Budget Board! Congratulations!!

 

[mommy2allyandaveri]

That's awesome, congratulations!

 

[ExPirateShopGirl]

It means the case was dismissed for any number of reasons and the plaintiff cannot resurrect the suit. Technically it's not a win, but in reality it is.

Congrats!

What does "Dismissal with prejudice" mean in a civil case (we're the defendants)? I think it means we won the case and we can never be sued by the plaintiff for the same issue again. Am I right? I hope I'm right!

 

[ShelsGoingToDisney]

So did you even have to go to court at all or did it basically just get thrown out? I've been following your posts with interest! That lady sounds nuts. Hopes she gets in trouble for her illegal renting.

 

[Girlie1]

I have been following your thread - CONGRATULATIONS

 

[bettymae1121]

Good for you! Bad neighbors suck.

 

[Leajess99]

Congrats!!! So glad the fruit cake got nothing

 

[dis-happy]

Congratulations. I remember your original post about her.

Did you get to rat her out re. the apt. or did she just not show up? Either way,

 

[plummer925]

FANTASTIC!!! Congratulations!

 

[leadfootlevi]

So did you even have to go to court at all or did it basically just get thrown out? I've been following your posts with interest! That lady sounds nuts. Hopes she gets in trouble for her illegal renting.

We did have to go in front of the judge. She spoke first, then the judge turned to us. He took my powerpoint slides that basically had all of my talking points printed out and read through them, asked a few questions, then summarized her side and our side to make sure he got the gist of our arguments. He asked a few more questions, I gave him some more pieces of evidence, she lied and I proved it with evidence. He couldn't watch the video in court so he said he would take it under advisement and said that we would hear something in a week. We checked the court case online in the afternoon and his decision was posted.

Congratulations. I remember your original post about her.

Did you get to rat her out re. the apt. or did she just not show up? Either way,

I put in my presentation that we shouldn't be liable for lost rent because the apartment was not legal per city code. I don't think she got in trouble for it. I don't know if I'll take the evidence to the city.

We didn't get to talk much. We spent about 7 minutes in front of the judge. He's probably seen so many of these cases, and like I said, I had all of my talking points printed on the slides. She basically had no evidence. At the end she brought up the window. The judge actually threw his hands in the air and said there was nothing she could do about where we put our windows. He told her that her rights ended at her property line and that she has no say in what we do on our property as long as it's within the city ordinances and we're not breaking any laws. I'm sure it didn't sink in for her, but at least it was said.

The judge made us try to work something out before he would hear our case. We had to talk in the hallway. During that time I realized how bad the situation is. She only hears and sees what she wants - she has no room in her mind for reality. I'm scared to live next to her now - I'm afraid she's going to resort to violence. We're tossing around the idea of getting a restraining order against her. I'm pretty sure we have enough evidence against her to get one, but I don't want to send her into even more of a tizzy. A RO is just a piece of paper - it's not going to stop her from doing something stupid against us.

 

[moongirl]

Can you tell us what she lied about and what evidence you used to prove she was lying? I am very curious about the details!