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Court ordered entire action dismissed without prejudice can an agency still call you?
Wiki User
∙ 16y ago
Without Prejudice means the petitioner is free to file another action based on different circumstances. I'll bet they still call you.
Wiki User
∙ 16y ago
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What does dismissed without prejudice mean when you are in foreclosure?
dimiss the foreclosure action without prejudice and release the lis pendens! what does this means please!
Can a 523 Bankruptcy complaint that was dismissed without prejudice be amended with new allegations?
A dismissed complaint is no longer before the bankruptcy court, and so it cannot be amended; there is, legally speaking, nothing to amend. However, if the complaint was dismissed without prejudice then a new complaint can be filed, provided that the causes of action alleged in the complaint are not barred by any applicable statute of limitations.
What happens when a company brings you to court for owing money and they dont show and case is dismissed?
You need to ask the court to issue a dismissal order, with prejudice. If the case is dismissed without an order at all, the other side can ask that the case be reinstated, with prejudice means that they filed the case for the purposes of harassment and cannot refile it again for any reason. Caveat; you could still ask that the case be dismissed for failure to timely prosecute the case and that the case is brought solely for the purposes of harassment to injure your credit, plus the fact that the case has already been tried and dismissed.
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.
What does Dimissal with prejudice mean?
A "dismissal with prejudice" means you cannot bring an action again if it is based on the same set of facts. ("Bring an action" is the technical term for "sue".) The "with prejudice" phrase means that your action is dismissed--thrown out--gone, and you may not refile it. This contrasts with a "dismissal without prejudice," where, though your action has been dismissed, you may bring another action based on the same set of facts. Usually, dismissals without prejudice occur when there is some technical problem with the action, but which the court still believes has merit.Examples of technical problems which might lead to a dismissal with prejudice include:Your failure to allege, in writing, certain facts without which the claim cannot go forward;Your failure to properly "serve" the defendant with process; in other words, you have not had a neutral party hand the proper documents to the defendant in the proper way;You have not filed your case in the correct court.A "dismissal with prejudice" does not necessarily mean that your action is or was without merit. For example, if you have filed your action past the statute of limitations (usually three (3) years), no matter how much you deserve relief, the court will refuse to hear your case. This is to prevent you and other plaintiffs from "resting on your rights"; courts want actions brought right away so the witnesses' memories are fresh and also to fulfill the Fifth Amendment's requirement that trials be "speedy."
How far can i go with a lawsuit against the city of Irving Texas and the state of Kentucky I was arrested on allegations of rape and sodomy Case dismissed but there was slander and discrimination?
If the criminal charges of rape and sodomy were subsequently dismissed (BUT, you don't say if it was dismissed WITH or WITHOUT prejudice!) I would say that you have no cause of action on the disposition of the criminal charges. However allegations of slander and discrimination are CIVIL chargesand are separate and apart from the criminal action. Contact a good civil attorney for advice.
Can a dismissed with prejudice case be appealed?
If the judge dismissed it with prejudice, it doesn't necessarily mean that you "won." All that disposition means is that the JUDGE didn't believe the case against you was grounded in law.Whether the case was civil or criminal, the EXACT same charge could not be brought against you again at the level of original jurisdiction, however, if the Plaintiff (or Prosecutors Office) appealed the judge's decision to the appelate level, the appelate court could conceivably overrule the original judge's dismissal which would have the effect of re-activating the case. If the appelate court refused to hear the appeal, or it affirmed the judge's decision THEN the case would truly 'go away.'
How do you know if your case was dismiss with prejudice?
To "retry" a case that has been dismissed with prejudice you would have to take an appeal of the action since it has already been tried and the dismissal is not a procedural dismissal. Aside from a direct appeal, a party can ask the trial court to reconsider its decision, reverse its own order and reinstate the action. A party can make a motion for a new trial. A party can make a motion to be relieved from its effects for the various reasons set forth in the court rules as may apply. Common reasons for being relieved of an effect of an order are that the order was entered as a result of mistake, inadvertence, surprise, excusable neglect, fraud or any other reason that the interests of justice would require the order be set aside.
What is Dismiss without Prejudice?
In short it means that the case was dismissed inconclusively. There may have been missing evidence or procedural requirements not met, and therefore the case could potentially be brought before the court again by the parties involved. 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, in the case itself. Dismissal WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again AFTER the legal insufficiency is cured. It is usually a term used in the context of case being dismissed. The significance of it is that the Plaintiff/Prosecution retains the right to re-file the lawsuit a second time. A case can be dismissed without prejudice by the judge (such as, if he or she grants a motion to dismiss filed by the defendant--but in such a case, the plaintiff/prosecution usually will be given the right amend the complaint (restate the allegations of the lawsuit), or it can be voluntarily dismissed altogether by the plaintiff/prosecutor. In many jurisdictions, a second voluntary dismissal by a plaintiff will preclude any subsequent refiling of the cause of action, but that is governed by local law.
What does dismissed with prejudice as the parties have reconciled?
A dismissal with prejudice means that with the dismissal the court is considered to have ruled on the matter. Certain rights may be prejudiced arising from a dismissal with prejudice.Added: A dismissal with prejudice means that neither party can bring the same charge for THAT particular incident to court again.However, this does not preclude them from bringing an action in the event of any future occurrence .
How long do you have to re-file a case that was dismissed without prejudice?
How long do you have for WHAT? If your case was dismissed WITHOUT prjudice, it means that the prosecutor can re-institute the charges and indict you again for the same offfense.AnswerYou haven't provided enough detail and the answer depends on the type of case and court where your case was filed. In a civil case, the dismissal can mean such factors as lack of cause or that your complaint is deficient and you need to file an amended complaint. Generally, there is a time period after the dismissal when something else can be filed.
What course of action can be take when your attorney has your case dismissed without your knowledge?
Are you kidding? If I were you, I'd pay him. It sounds like he's earned his fee.
