Q: I was suing in small claims court but missed the court date and it was dismissed. Can I sue again?
A: More than likely, yes. When you, the Plaintiff, fail to appear, the court typically dismiss the case because they have determined that you are not prosecuting the case and therefore do not need relief from whatever injury or loss you are claiming. There are typically two different types of dismissals, one with prejudice and one without. Look at the court records and the court docket to see if the dismissal has been entered with or without prejudice. More than likely, if it was dismissed for lack of prosecution, it was dismissed without prejudice. This means that you will be able to start from scratch and file a brand new lawsuit making the same or similar allegations. If it was dismissed with prejudice then this means that the court is barring you from ever filing a lawsuit based on these same claims in this court. But that is not likely the case here. Good Luck!
Tim Akpinar agrees with this answer
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