How do I refile a civil lawsuit that I dismissed without prejudice 13 months ago, if I am going pro se?
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How do I refile a civil lawsuit that I dismissed without prejudice 13 months ago, if I am going pro se?
I was sued 2 years ago. I responded with a cross-complaint 2 months later. Plaintiff dismissed their action against me about 1 1/2 years ago. I pursued my action against him. We had depositions and even mediation. I did not get to any settlement with him but dismissed 6 weeks before scheduled trial because I ran out of funds to pay the attorney. Now I want to refile the case and take it to trial. I will go pro se and need to know what forms to file and what to do to proceed.
Asked on September 26, 2013 under Business Law, California
Answers:
Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC
Answered 10 years ago | Contributor
Hello. Please do turn to an attorney licensed in your state and she/he will be happy to assist you. The sorts of issues you describe tend to hinge on state law. Some attorneys are available seven days for emergency legal needs. Many attorneys will speak initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in a limited scope manner to conserve legal costs. All the best.
TRICIA DWYER, ESQ.
Tricia Dwyer, Esq & Associates PLLC
Phone: 612-296-9666
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Minnesota Law Firm
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
The first thing you need to determine is whether the statute of limitations for your action has passed. If your counter-claim was for breach of a written contract, for example, you may still be OK on that front. If the statute of limitations has not passed, you can probably use the counter-claim your attorney drafted for the legal claims section of your complaint. Look at the former plaintiff's original complaint for a structure for your fact section. Instead of your attorney's name and address at the top, you will list the same information about yourself. You will also need a Summons. Depending on your jurisdiction, you may need a Certificate on Compulsory Arbitration and/or a Civil Cover Sheet. Check your court's Web site.
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