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  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Default Judgement Dismissed Without Prejudice

    My question involves judgment recovery in the State of: Michigan

    I ran my credit reports and found that I have a judgement against me from an apartment management company back from 9/13/02. I was living in NC when I was summoned, and therefore I did not show for the trail. The judgement went to me by default, for a total of $2600. Since then I have moved back to MI.

    I went down to the court house today and got copies made of all the paperwork in my file. I noticed a civil register of actions stating on SEP 13, 2002 - Judgement entered: Noticed mailed to defendant, by default. Signed by the deputy court clerk/judge.

    Below that, I see NOV 06, 2002 - Dismissed pursuant to Michigan Court Rule 2.102 (E) - Signed Deputy Clerk.

    On another page, I see a page labeled Dismissal Non Service/No Progress. Plaintiff and defendant are listed and
    ***Order to Dismiss***
    The court records disclose that defendant(s) have not been timely served with process according to court rule.

    It is ordered that this case is dismissed without prejudice as to: The following Defendants(s): above.

    Dated 11/06/02 Deputy Court Clerk.


    My question is, does this mean the case is done and over with. Now I understand that the plaintiff can try to bring this back to court until the sol of 10 years in Michigan. It's been well over 6 years with no action, and I don't believe the management company is even in business anymore.

    How do I go about getting this off my credit report? Can I fax/mail the two pages described above to the credit bureaus?

    Thanks,
    Eric

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,755

    Default Re: Judgement Dismissed Without Prejudice

    That case history doesn't make sense. If you weren't served, a default judgment should not have been entered. If a default was entered, ending the case, the case shouldn't have been dismissed for lack of progress.

    One possibility would be that more than one defendant was named in the suit - that you were served, and a default judgment was entered against you, but that the other defendant wasn't served and thus there was ultimately a dismissal against that defendant.

    Another possibility is that there was a clerical mistake by the court that resulted in dismissal despite the entry of a judgment.

    I would have to review the case file to figure out what happened.

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