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I have a law suit that was dismissed and now the same people are try to file the suit again What can I do?
Wiki User
∙ 14y ago
The only way they can open it back up is if they have new evidence to tack onto the suit or new circumstances have come to light. They can't open and close at their own discretion
Wiki User
∙ 14y ago
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What do'es dismissed with prejduice mean?
It means the prosecutor can't file the same charge again.
If a criminal case has been dismissed but the outcome of that not hearing the case causes medical difficulties can a new case based on the dismissal be pursued?
It all depends on HOW it was 'dismissed.' There are two types of 'dismissals.' Dismissal WITH prejudice, means that the same case can NOT be brought against you again. Dismissal WITHOUTprejudice means that the prosecution CAN file the same charges again at a later time.
Can you file ch.7 bankruptcy after you have filed ch.11 bankruptcy?
Not unless the c. 11 has been dismissed or closed. You cannot have two bankruptcy proceedings pending at the same time. If the c. 11 was dismissed for cause, you may have to wait 180 days to file the c. 7.
If criminal case of violent gets dismissed by the judge and the DA reopen and charged you again for the same thing twice is that legal?
It all depends on the manner in which the original case was "dismissed." If it was Dismissed WITHOUTprejudice, that means that the judge found some legal deficiency with the case but did not bar the prosecution from re-filing it after the deficiency was corrected. If it was Dismissed WITH prejudice that means that the judge threw it out entirely and barred the prosecutor from bringing the exact same charge for the exact same offense again. It sounds like your 'dismissal" may have been the first type.
If someone sued in small claims court in 07 and the judge dismissed the case can someone sue again for the same reason now?
Check the court records from '07. It depends on how the dismissal was worded. If it was 'Dismissed WITH Prejudice,' then it cannot be pursued in court again. If it was 'Disimissed WITHOUT Prejudice,' then it can be resurrected and brought to suit once again.
Who wins in a dismissed with prejudice case?
No one 'wins,' but what it means is that the defendant can not be re-charged for the same offense.Without prejudice means that the state can bring the same charge again.
You have 2 evictions on your file they were dismissed how do you get them off of your file?
First, How long has it been since you were serve with the evictions? It is the same as having bad credit issues. It ios reportable to your credit file. You have to wait for at least seven years before they can be cleared. In the mean time, send copiesof the letters that proved they were dismissed and challenge them with the Credit Bureaus. Worst thing is it will be with you for 7 years. i hope this was helpful.
Your bankruptcy was revoked can i file again and if so how long do i have to wait?
You can file again in 8 years. You can only file Chapter 7 once every 8 years. You could file a Chapter 13 or vice versa but not the same chapter.
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.
What does it mean when a criminal case has been dismissed?
It means that the judge dismissed your charges. The prosecution will dismiss the charges when they cannot proceed in good faith or they cannot prove the case beyond a reasonable doubt at trial. Usually because there was a problem with a piece of evidence or the availability of a witness. Sometimes cases are dismissed during plea negotiations when a person will plead to one case in exchange for the dismissal of another. Sometimes the evidence unfolds and there is doubt that the person charged is really the one that committed the crime. Be carefeul, just because the judge dismissed your case doesn't mean they can't re-file charges against you, but that rarely happens.Added; Judges DISMISS charges - Prosecutors NOLLE PROSEQUI charges.
Can you be charged again after the case has been dismissed by the person who charged?
No, once a case has been dismissed, the charges cannot be brought again by the same person. Double jeopardy, a constitutional protection, prevents an individual from being tried twice for the same offense. However, if new evidence emerges, the prosecution may consider filing new charges based on the new information.
What happens to your physical evidence if your case is dropped?
Just that, its dropped. There is no evidence to prove the defendant is guilty, therefore he or she cannot be convicted.Another View: It is not that simple! It is important to know what you mean by "dropped."If the case was Nolle Prosse'd by the prosecutor then it has truly 'gone away,' the state has decided not to prosecute you.However if the case was "Dismissed" by the court it is important to know HOW it was dismissed (i.e.: WITH Prejudice or WITHOUT Prejudice).WITH prejudice means that the same charge cannot be brought against you again (for the same event) - and that is the end of the case.If it was dismissed WITHOUT prejudice, it means that the prosecutor could file it against you again.
