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This is going to be a weird question let’s say I got sued…

This is going to be...

This is going to be a weird question let’s say I got sued before going to court the case got dismissed so I received a signed and sealed court order dismissing the case then a week later the judge changed their mind continued the suit help me in default and now I have 2 court orders same case number ***** posse number one in default and one dismissal now the entire time I was only served a summons once over the whole ordeal and my question is which takes precedence in the matter the first court order dismissal or the second In default

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Answered in 5 minutes by:

5/18/2023

Lawyer: Ashley R., Esq.,

replied 23 days ago

Ashley R., Esq.

Category: Legal

Satisfied Customers: 3,630

Experience: Expert

Verified

Hello! Thank you for allowing me to assist you today. My name is ***** ***** I am a licensed attorney. It is important that you know that JustAnswer is an information site only. We do not provide legal representation and no attorney-client relationship is formed.

Thank you for requesting me.

The order that was delivered first is controlling, which would be the dismissal.

You can appeal the default judgment and remind the court of the dismissal and attach that dismissal order to the appeal.

Customer reply replied 23 days ago

Is it common for this type of situation to happen? And how would I prevent them from just resueing me over the same matter

Lawyer: Ashley R., Esq.,

replied 23 days ago

It is not at all common for that type of situation to occur. You would want to request a dismissal "with prejudice." The "with prejudice" portion means that the other party legally cannot file the lawsuit again.

Customer reply replied 23 days ago

Ah yes I’ve heard that term before that’s exactly what I was wondering and yea I figured it wasn’t common it’s a small town 3500 population everyone there has a blatant disregard for rules and runs that town like they own it I wish there was some authority that would investigate the place pretty much have to go the state level because everyone in the county is in on it there’s only 2 towns in the county which I imagine is how they get away with it any idea who I can file a complaint with?

Lawyer: Ashley R., Esq.,

replied 23 days ago

You can file a complaint against the judge with the state Bar Association.

Customer reply replied 23 days ago

Ooh i didn’t even think of that and can I submit evidence with the bar association also does that complaint work for the prosecuting attorney as well?

Lawyer: Ashley R., Esq.,

replied 23 days ago

You would file two separate complaints in that case: one against the judge, one against the prosecutor. I'm not sure the exact process for your state's bar association, but they may have a simple form for the complaint online and then contact you for more information/evidence. Or you may be able to upload the complaint and evidence at the same time.

I'll be away from my computer for a short time, but I'll address any additional questions you send when I return. I appreciate your patience!

Customer reply replied 23 days ago

Thank you also I’ll explain this the best I can I got a civil lawsuit shortly after I got a criminal charges separate issue totally legal the part that concerns me is my criminal lawyer suggested I change plea bargain I was reluctant to do so I would have plead to a misdemeanor and he wanted me to plea to a felony basically misdemeanor was going on my records and I’d pay fines the felony was 1 year probation and my record stays clean or I fail probation and do several years I thought it insane to agree but he convinced me since I’m not a troubled individual I completed this and now there’s no charges on my record but here’s my dilema the Judge for the misdemeanor was Edward and the judge for felonies was Bobbi guess who was also the judge for the civil lawsuit which had no corespondents to the criminal charge now the common denominator there was the prosecuting attorney is friends with the father of the individual who civilly sued me also I think this individual also is aquatinted with Bobbi the judge since all of these people went to school together years back I know there’s something fishy going on but what could I do? Is there such thing as a conflict of interest? A motion i could have filed

Lawyer: Ashley R., Esq.,

replied 23 days ago

If the civil lawsuit had no relation to the criminal charges, then it's not likely to be considered a conflict of interest. If you think there is a conflict based on the judge knowing the father of the person who sued you, then you would file a motion for recusal asking the judge to remove themself from the case.

Customer reply replied 23 days ago

Yea that’s pretty much what I had figured thanks for the info

Lawyer: Ashley R., Esq.,

replied 23 days ago

You're welcome.

Ashley R., Esq.

Category: Legal

Satisfied Customers: 3,630

Experience: Expert

Verified

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