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We were served with a summons in circuit court for a bill…

We were served with a...
We were served with a summons in circuit court for a bill that we did default on, I sent in the paper work and then the case went cold, we then received from the lawyer a dismissal without prejudice and they also sent this to the court, I immediately tried to file a dismissal with prejudice. In the mail today we received where the judge signed the without prejudice, but we also received a Notice of Setting and a Motion for Summary Judgement and request for setting hearing which was dated after the dismissal was dated. I am confused how this can happen. Can you explain this to me and what my next steps should be?
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Answered in 3 minutes by:
7/29/2017
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,841
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 1 year ago
I ran out of space, I meant to also say that we received in the mail where the judge dismissed the case due to inactivity and then the Plaintiff filed a Notice of Setting and Motion for Summary Judgement and Request for Setting Hearing, which was filed after the Dismissal

There was an error here if they issued a notice of setting if the case was dismissed without prejudice.Call the court clerk and verify it was dismissed and they should send out a follow up letter stating the notice is withdrawn.They send out a lot of paper, this notice was an error if the case was dismissed, verify it has not been reinstated.I know it is confusing there appears to be an error and they need to correct and notify you it has been withdrawn.You want to make sure this case is still dismissed and no reinstatement.

I appreciate the chance to help you please let me know if you have more.

If you can positive rate 5 stars when we are finished it is much appreciated.

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Customer reply replied 1 year ago
The Judge signed the Notice of Setting and it has a date for a hearing, but this was signed on July 21, 2017 and the dismissal was signed on July 14, 2017

So verify with the clerk that this was dismissed and you need clarification and verification that it is in fact still dismissed.This is conflicting I am wondering if the judge reinstated it, thats a possibility so verify the status with the court.

Thanks for the follow up.

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Customer reply replied 1 year ago
Would we not have been sent paperwork stating it was reinstated since we received all the other papers today?

I would think so, this is so strange it is possible that it is still dismissed and this was an error in setting it.It has to be one or the other and the clerk can straighten this out.

Ray
Ray, Lawyer
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Experience: 30 years in civil, probate, real estate, elder law
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Customer reply replied 1 year ago
Okay thank you.
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