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I am the defendant in a small claim in Wisconsin, the

Customer Question
I am the defendant...

I am the defendant in a small claim in Wisconsin, the Defendant and her lawyer did not appear on the scheduled court date - the court dismissed the case. They want to reopen the case, and have a hearing date to hear the motion. Do I need to be there?

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

The court date was Nov 1, the plaintiff did not appear, but I was there. The small claim was dismissed.

Lawyer's Assistant: Has she talked to a WI lawyer about this yet?

The plaintiff has a WI lawyer and he is the one that did not appear on Nov 1st.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Why would they be able to reopen a small claim, when they were the ones that did not appear. In essence, I "won" the case and the court dismissed it. He did not appear, nor did his client on the schedule court date, because of a traffic accident at 3:45AM, which I also had to deal with.

Submitted: 8 months ago.Category: Legal
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Answered in 3 minutes by:
11/10/2017
Lawyer: Roy Hadavi,
 replied 8 months ago
Roy Hadavi
Category: Legal
Satisfied Customers: 1,393
Experience: Attorney at Law Offices of Rosenstein & Associates
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: You should definitely appear at the motion, otherwise you will not be able to argue against their motion to re-open the case. Although, you should be aware that the court will probably allow the case to be re-opened. A case that is dismissed for failure to appear gets dismissed "without prejudice". This means that the party can re-file the case or can present evidence why the dismissal should be overturned. The court will likely grant their motion, because the case was not heard and the legal system is based on prevailing on the merits.

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