Refiling Small Claims Case
Summary
In California, you can refile a small claims case if it was voluntarily dismissed without prejudice and the statute of limitations for oral contracts (2 years) hasnt expired. If the contract wasnt broken, consider alternative legal approaches. Refiling involves completing forms, paying fees, and serving the defendant.Full Conversation
Yea, it was about my parents stealing my money. I originally dismissed it for *$ every month but i may refile but the thing is that they didnt break the contract and the only reason why I would refile would be if i wanted to cut them off completely
It seems you're considering refiling the case to cut ties with your parents despite the contract not being broken. Here are a few things to consider:
- Voluntary dismissal without prejudice allows refiling.
- The statute of limitations for oral contracts in California is 2 years.
- You can refile if the statute has not expired.
Would you like more information on the process of refiling or on any specific legal grounds?
Sure
You can refile your case in small claims court, but since the contract hasn't been broken, you might need a different legal approach. Here’s a brief overview of the refiling process:
- Obtain and complete the necessary forms from your local small claims court.
- Pay the filing fee.
- Serve the defendant with the claim.
Would you like more details on this process or other legal grounds you could consider?