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Can a creditor lawsuit for debt be refiled at a later date if it was dismissed 'without prejudice'?
Wiki User
∙ 17y ago
Yes, that's what 'without prejudice' means. When something is dismissed with prejudice, this is due to some kind of misconduct on the side of the party making the claim. They're then disallowed from refiling it. However if it's dismissed without prejudice, often due to a precedural error, it can be refiled.
Wiki User
∙ 10y ago
Wiki User
∙ 17y agoYes, a suit can be filed and would be valid unless the state's statute of limitations for the debt has expired.
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What does dismissal of a lawsuit without prejudice mean?
It means that the lawsuit has been dismissed, typically after being decided on the merits, and cannot be refiled.The foregoing answer is correct. The dismissal with prejudice can also be voluntary on the part of the plaintiff. That is often a condition of a settlement of litigation.
What happens if a judge has ruled on a judgment dismissed without prejudice?
A "Dismissed without Prejudice" order means that the lawsuit is being dismissed by the court, but the case can be re-filed if the party chooses to re-file. This often happens when a lawsuit is filed but, for some reason, it is not pursued. Maybe a plaintiff becomes ill, or maybe a witness can't be located. The possibilities are endless. Rather than the case sitting in the court docket without there being any activity on it, the court dismisses it. On the other hand, a case that is "Dismissed WITH Prejudice" means, usually, that the claim is barred from being refiled.
Can you sue if the case is dismissed with prejudice?
Plaintiffs do not charge. They file lawsuits. The plaintiff can always file, but if the case is dismissed with prejudice, a new filing cannot be litigated. If a case is dismissed with prejudice, it means res judicata applies, and a new filing would be dismissed because the issues have already been litigated. If the case is dismissed without prejudice, it means that it has been voluntarily dismissed or dismissed for some reason to allow the case to be refiled and re-litigated later.
What does dismissed without prejudice mean in small claims cases?
In all civil cases, the term "without prejudice" means that the Plaintiff may file a lawsuit based on the same cause of action a second time. Many states limit the Plaintiff to only one re-filing.
How many times can you open and close a child support case and not show up?
Until a judge refuses to allow the suit to be refiled. If a case is dismissed without prejudice regardless of what that case might be about it can be refiled as many times as necessary.
What is a voluntary non suit without prejudice?
This is probably a voluntary dismissal of the case without prejudice. It means that at this point the case is being dismissed or not prosecuted. Without prejudice, however, this means the case could be refiled at any time or amended.
What is a voluntary non-suit without prejudice?
This is probably a voluntary dismissal of the case without prejudice. It means that at this point the case is being dismissed or not prosecuted. Without prejudice, however, this means the case could be refiled at any time or amended.
What does dismissal with prejudice mean?
In general, it means that the lawsuit may not be refiled, and as such, it operates as an adjudication on the merits. The dismissal may be voluntary (that is, the plaintiff dismisses with prejudice when a settlement has been consummated), or it may be involuntary (often as an extreme sanction imposed by the court for disobedience to court orders). The concept also exists in other judicial forums, such as Bankruptcy Court, and has a similar import.
What does it mean when a judge dismiss a case but the case is said to be refiled under new commitment?
There are two ways in which a judge can "dismiss" a case.Dismissed with prejudice, which means the case can never be brought up again, and dismissed without prejudice, which means that the government can re-file the case if some certain minor flaw in the original presentment is remedied.It sounds like your original case was dismissed WITHOUT prejudice.
What happens when a case is dismissed due to time limitations from a credit bureau on a charge off credit card debt?
If it was an action pertaining to the recovery of credit card debt and the state SOL was expired, the debt is no longer valid and cannot be collected. The creditor will have to drop all collection procedures (although sometimes they keep trying,which is illegal). If it was the for the correction of a credit report then either the time for dispute has expired or the time for the expunging of the debt from the cr was reached before the case was heard. One other factor is how the case was dismissed, w/o prejudice means the issue for the lawsuit is still valid and might still be subject to legal remedies. With prejudice means a lawsuit cannot be refiled unless evidence can be provided that a fraudlent or unknown act made it impossible for a fair hearing.
Can an atty file child support garnisment even after court rejected such garnishment?
If the court denied the motion for garnishment 'with prejudice,' it cannot be refiled. If the court denied the motion for garnishment 'without prejudice,' it can be refiled.
What is the difference between dismissed with prejudice and without prejudice?
It is an order issued by a judge actually dismissing the charges that were brought in the case - usually for some legal insufficiency, or lack of evidence, of the case itself. There are two types of dismissal: Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice. WITH prejudice means that the same charges cannot be re-instituted and brought before the court again,. WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again AFTER the legal insufficiency is cured.
