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If i have a case against someone in small claims court that was dismissed with prejudice could i file i case in civil court?
Wiki User
∙ 12y ago
No. Dismissed with prejudice means the case has already been adjudicated, and that res judicata would prohibit bringing the case again.
Furthermore, small claims court is a level of civil court that has a lower monetary jurisdiction than other levels. The alternative to civil court is criminal court, and small claims cases are not, by their nature, criminal matters.
Wiki User
∙ 12y ago
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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.
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.
Timeline case dismissed without prejudice?
A case dismissed with prejudice means it can not ever be brought again. A case dismissed without prejudice may be brought again as long as the statute of limitations governing the case has not expired.
How much time does a plaintiff have to re file if the case in Small Claims was dismissed with no prejudice?
If a case in Small Claims was dismissed with no prejudice, the plaintiff typically has the opportunity to refile within the statute of limitations period for that particular claim. The specific time frame for refiling will depend on the laws in the jurisdiction where the claim was filed. It is advisable for the plaintiff to consult with an attorney or research the specific laws in their area for accurate guidance.
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.
Can you file a lien against someone that owes you money for a student loan?
No go to small claims court.
What is a claims maker?
A claims maker is someone who knocks at the door of a factory that has burnt down and says "I will help you battle for your claim against your insurance company, for a fee of course".
Can a plaintiff refile a dismissed small claims case?
That depends. If you mean that you were found not guilty, then no. That would be considered double jeopardy which is illegal. They can, however; charge you with other crimes as long as they dont rely on the original crime heavily as evidence.
What is the name for claims against property?
The name for claims against property is liens.
If you have had any workers compensation claims do you have to put this on an application?
NO YOU DONT HAVE TO PUT THAT ON AN APPLICATION BUT IF YOUR EMPLOYER FINDS OUT YOU HAVE HAD A CLAIM CHANCES ARE YOU WILL BE DISMISSED AND HE OR SHE WONT TELL YOU HOW THEY FOUND OUT. TAKE A CHANCE AND DONT MENTION IT BUT IF YOU HAPPEN TO BE THE TYPE OF PERSON WHO FILES ALOT OF CLAIMS AGAINST COMPANIES CHANCES ARE REAL GOOD YOUR EMPLOYER WILL FIND OUT.
What happens after a dismissal withuut prejudice?
After a dismissal without prejudice, the case can be refiled and the same claims brought again. The reasons for dismissal without prejudice may include procedural errors or faults that can be corrected in a subsequent filing.
