Legal Question in Credit and Debt Law in Alaska

Set Aside Dismissal

''Plantiff is aware that we are in default. Incompetence on our part. We ask that the gourt grant the motion so we ca pursue to collect debt owed.''

About six months ago, Company sued me in small claims. I showed they didn't. Case was dismissed. Now they're seeking to re-open the case using the exact verbage stated above? I found a rule #55 regarding defaults and needing a good reason to set aside a default. Is a dissmisal a default?

What should I do?

CT In AK


Asked on 5/01/07, 8:39 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Set Aside Dismissal

A dismissal is a dismissal. If it was without prejudice, they can file again.

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Answered on 5/04/07, 3:02 pm


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