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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33166
Experience:  JD, BBA Over 25 years legal and business experience.
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What does a Judgment of Dismissal mean in terms of a case being

Resolved Question:

What does a Judgment of Dismissal mean in terms of a case being extended on the Inactive Calendar for dismissal per Rule 38.1 (d), Arizona Rule of Civil Procedure. "It is therefore ordered dismissing all unadjudicated claims of this case without prejudice for lack of prosecution."
All I want to know is if I am able to take this off my credit report. I want to know if I am clear of this issue.

Full Report:
"Judgement of Dismissal
Court reflect this case was previously place or extended on the Inactive Calendar for dismissal per Rule 38.1 (d), Arizonal Rule of Civil Procedure, unless specified action was taken before a certain date. The date has passed, and the specified action has not been taken. It is therefore ordered dismissing all unadjudicated claims of this case without prejudice for lack of prosecution."
Submitted: 6 years ago.
Category: Legal
Expert:  Tina replied 6 years ago.
Thank you for contacting our JA team for guidance.

The case would be taken off the court's calendar/docket since it has been dismissed. It can be refiled since it was dismissed without prejudice if the statute of limitations has not run yet.

Please let me know if you need clarification by pressing the "Reply" button. If you press "Relist", I will not be notified that you have requested my assistance.

Best regards XXXXX XXXXX

Tina G

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Customer: replied 6 years ago.
I updated the question just a second ago. I just wanted to know if I can relax knowing that this can not come back to haunt me in the future. Can the prosecution take action in the future? If so what could I do to stop it?
Expert:  Tina replied 6 years ago.
It depends on what type of case it is and whether the statute of limitations has passed, which is a new issue altogether.
Customer: replied 6 years ago.

It is a civil debt collection case that was filed over more than a year ago. I have recieved a judgement in favor of the prosecution and about a year later the dismissal letter came. Any input on this specific question would be helpful. I am looking to buy a house and I need this off my credit. I have not been pursued by the prosecution since the dismissal letter came in July of 2009, and that was a year after the judgement. If you could guess to that would be helpful.

Thanks

Expert:  Tina replied 6 years ago.
It depends on when the debt was incurred and what type of debt it was. I don't want to guess.
Customer: replied 6 years ago.
Relist: Incomplete answer.
What does a Judgment of Dismissal mean in terms of a case being extended on the Inactive Calendar for dismissal per Rule 38.1 (d), Arizona Rule of Civil Procedure. "It is therefore ordered dismissing all unadjudicated claims of this case without prejudice for lack of prosecution."
All I want to know is if I am able to take this off my credit report. I want to know if I am clear of this issue.

Full Report:
"Judgement of Dismissal
Court reflect this case was previously place or extended on the Inactive Calendar for dismissal per Rule 38.1 (d), Arizonal Rule of Civil Procedure, unless specified action was taken before a certain date. The date has passed, and the specified action has not been taken. It is therefore ordered dismissing all unadjudicated claims of this case without prejudice for lack of prosecution."


Optional Information:
State/Country relating to Question: Arizona
Expert:  Tina replied 6 years ago.
We need to know what type of debt and when the last activity on the account occurred in order to answer this question.
Customer: replied 6 years ago.
March 18, 2008 was the last date of activity on the account. The account itself was a motorcycle loan which could not be paid due to loss of income. The credit report to-date shows the loan "charged-off".
Expert:  Tina replied 6 years ago.
I see. The statute of limitations for filing a lawsuit for a judgment on the debt is 6 years in AZ. So the creditor can refile the lawsuit any time within that 6 year period from the date of the last activity on the account. Since it is a legitimate debt, it will remain on your credit report for 7 years.

Good luck and take care.
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