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Posted: Wed Feb 21, 2007 8:33 am Subject: dismissal letter without prejudice

what does this letter mean i got it form a case with palisades collection.

Posted: Wed Feb 21, 2007 8:38 am Subject:

Without prejudice means it was dismissed from court but the creditor can bring the same claim against you within one years time..With prejudice means it was dismissed from court and the same claim cannot be brought up again.

Posted: Wed Feb 21, 2007 4:24 pm Subject:

Oh my! I never knew this.

Out of the two, which one is a weak case from the collector's point of view?

Posted: Wed Feb 21, 2007 4:28 pm Subject:

If it is without predjudice they can file against you again.
With predjudice they can't, so for the collector it would be this one.

Posted: Thu Feb 22, 2007 8:32 am Subject:

Wouldn't that be considered Double Jeopardy??
In that they can't file the same claim twice, because they've already tried?
Sounds, to me, as if they'd have to file a different claim next time.

Posted: Thu Feb 22, 2007 8:56 pm Subject:

I would think so too. But I've recently been to court over a matter like this and after going back and forth a few times and getting the complete runaround the last time they did not show and the judge dismissed it without prejudice i did some searching on it.

I came to find out that without prejudice they can bring the same claim against me again but it has to be in one years time.

Now on the other hand if it had been with prejudice they would have to find another claim to bring against me,but in reality what other claim could they bring up other then that I did not pay my bill.

The court clerk even told me they coudl take it as high as the supreme court if they wanted.Like the supreme court doesnt have anything better to hear then bad debt charges.I would think to that without very good cause why the creditor asked to dimiss it without prejudice or just didnt bother to show up it would not look very good on their part if taken to another court.I would think a judge would get tired of wasting their time on it.

Ellie · Posted: Fri Sep 26, 2008 1:37 pm Subject: Same Situation

I am in a very simular situation. A single debt was sold twice and I am being sued by two difference companies for the same original debt. I have been making no head-way however, I went to court today and the second company wants to dismiss the case with prejudice. But isn't that fact that the were both suing at the same time double jeopardy and illegal. Also the provision that they will dismiss with prejduice is that I will agree not to sue them. Give me your thoughts.

cellular · Posted: Fri Sep 26, 2008 8:05 pm Subject:

Don't ever give up your right to sue them. They are basically saying that they have no right to collect on this debt and the dismissal will not really affect them since they cannot collect.

Also double jeopardy is not really accurate because only the debts legal owner can sue you.

You should contact a lawyer about possibly filing a court action against them. It obvious they know they are screwed.

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