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Can they sue me again later since this case was dismissed?

Date: Tue, 07/31/2007 - 10:40

Submitted by anonymous
on Tue, 07/31/2007 - 10:40

Posts: 202330 Credits: [Donate]

Total Replies: 3


I had a court date today due to being sued by a law firm representing a credit card company. No one from the law firm showed up so the judge dismissed the case. Can they sue me again at a later time?


Morningstar is correct, two simple words "with" or "without" prejudice would fully determine whether they can bring a new action.


[quote]In law, the phrase without prejudice means that a claim, lawsuit, or proceeding has been brought to a temporary end but that no legal rights or privileges have been determined, waived, or lost by the result. For example, if a party brings a lawsuit in small claims court but discovers that the claim is greater than the amount for that court to have jurisdiction, the lawsuit can be dismissed "without prejudice". This means that the dismissal is no bar to bringing a new lawsuit in a court that does have jurisdiction.

By contrast with prejudice means that a party's legal rights have in fact been determined and lost. To continue the same example, if instead the court had jurisdiction, but the plaintiff did not appear for the trial, the court would dismiss the case "with prejudice". That dismissal is a judgment against the plaintiff "on the merits" of the case, and extinguishes the claim that was being sued over. However, this does not prevent an appeal or a trial de novo if ordered by a higher court.

[/quote]
Well, based on this example from Wikipedia, you would think they couldn't bring another suit. But check you court records just to be safe.


lrhall41

Submitted by DebtCruncher on Tue, 07/31/2007 - 16:52

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