Rocky Mount, NC asked in Consumer Law for North Carolina

Q: Refile dismissed motion or something different?

I was sued for collection on an account I defaulted on. I answered the complaint and filed a motion to dismiss and compel arbitration. The plaintiff filed for a hearing today at 9:30. I got the schedule and my case was scheduled at 10:30. When I arrived at the courtroom my hearing had already been conducted and my motion dismissed for failure to appear. The judge allowed me to be heard and said that the plaintiffs attorney had come from 3 hours away and he couldn't have a do over because of that but that I could refile and that had I been there you would have been very likely to compel arbitration. He also chastised the clerk for not having it printed on the schedule that times were approximate and court starts at 9:30. My question is do I simply file the same motion again word for word or do I have to do something different?

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1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
  • Licensed in North Carolina

A: You can refile the same motion. Talk to the Clerk's office before filing it to see if you have to pay the Motion hearing fee again. If you have to pay another fee to request a hearing on the new motion, I suggest calling it an "Amended" Motion just to keep things straight. Good luck.

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