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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16379
Experience:  15 years exp all aspects of general law
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I filed a discrimination case in Pa with the Pennsylvania Humans

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I filed a discrimination case in Pa with the Pennsylvania Humans Relations Commission. The defendant did not show on the appointed date. Months later I filed my case in county court. I chose to hold the case until the PHRC made a decision, or after 1 year from the filing date. The time has passed. Do I file a new case or refile using the same case number? James

Hello James -

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Did you receive a dismissal letter from the court?

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Did you ever have the paperwork for the lawsuit served on the defendant or you just filed it and did nothing further?

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MARY

Customer: replied 4 years ago.

The case was not dismissed. I reported I was willing to withhold the charge due to the case still being filed with the PHRC. The defendant was served.

Hello again James -

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If the Defendant was served and the case has not been dismissed then you have an ongoing case and you should use the prior case number XXXXX you begin to file documents in the case with the court. At this point you should ask the court clerk's office if they want to treat it as the start up of a case and have you send the paperwork to the defendant again in order to give the defendant the appropriate time to file an answer in the civil case.

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MARY

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Customer: replied 4 years ago.

If the case was dismissed without prejudice, should a new case number XXXXX created?