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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 32386
Experience:  JD, BBA Over 25 years legal and business experience.
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I am involved in a civil case with my brother. It concerns

Customer Question

I am involved in a civil case with my brother. It concerns a trust that my father had and the fact that I received more money. It's been 5 years since my dad passed. I am the plaintiff and live in illinois. My attorney just filed a dismissal for want of prosecution. If after the 30 days and he does not respond the to case than is the motion is filed? Can he refile the same case up to a year after the ruling? Would I get a summons if he does refile?
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What causes of action have been raised by your brother in the case? Is he suing for fraud or something else?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.
He was trying to prove that my father was not competent which is false. And that I was influencing my fathers decision which is not true. And that I signed my name to be the beneficiary of his IRA and an Annuity which were separate from the trust. Which again is false.
Expert:  Tina replied 1 year ago.
I see. Thank you for clarifying that for me.

If your brother does not respond and the case is dismissed "with prejudice", then that means he cannot file another lawsuit to pursue the same causes of action ever, he would be barred from doing so by the dismissal order.

However, most cases are dismissed "without prejudice", which permits the plaintiff to file suit again in the future as long as they file within the applicable statute of limitations.

For example, if someone is claiming fraud, they would normally have 5 years from the date of the alleged wrongful act to file suit. If the first suit was filed after 2 years and dismissed after 3 years, the plaintiff would still have 2 years in which to file suit again after the claim is dismissed.

Here is a link which sets out the various statutes of limitation under IL law:

http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=278

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.
This still does not answer my question. I am talking about a dismissal for want of prosecution. And can he still refile the same allegations up to one year at that point the case would be forever barred.
Expert:  Tina replied 1 year ago.
Hello again,

My apologies for any confusion I may have created here. A dismissal for want of prosecution does not automatically result in a dismissal with prejudice. The court will typically indicate in the dismissal order whether the case is being dismissed with or without prejudice. It is in the court's discretion whether to dismiss a case with or without prejudice, so I cannot tell you what the court will do in your specific case since it is up to the judge to decide.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Legal
Satisfied Customers: 32386
Experience: JD, BBA Over 25 years legal and business experience.
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