Legal Question in Credit and Debt Law in Michigan
Back Rent Owed
My son and his friend rented a house. They moved out and the Landlord wants $1400.00 in rent. The landlord went to court and filed a judgement against them. They did not show up for the court date. My son did show up and the Judge dismissed the case. Can the landlords come back and file another judgement against them?
1 Answer from Attorneys
Re: Back Rent Owed
It depends if the case was dismissed with or without prejudice. If dismissed WITH prejudice, then the landlord cannot file the same suit based on the same facts.
If dismissed WITHOUT prejudice, then the landlord can refile anytime within the statute of limitations.
Regardless of the above, either way, the landlord could bring a new cause of action with NEW allegations, such as for damage to the property, etc., something not alleged in the first lawsuit.
The order of dismissal or judgment has boxes on it, and one of them "with" or "without" should be checked.
Thanks.
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