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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35806
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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A collection claim was wrongly filed against me and now the

Customer Question

Hi Pearl. A collection claim was wrongly filed against me and now the plaintiff has agreed to drop the claim. His lawyer sent me a "Stipulation of Discontinuance" but it says it is discontinued WITHOUT prejudice. Does that mean the plaintiff is free to refile his claim in the future? Should I insist it be rewritten to "WITH" prejudice?
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Customer: NY
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Submitted: 10 months ago.
Category: Legal
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

but it says it is discontinued WITHOUT prejudice. Does that mean the plaintiff is free to refile his claim in the future?

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That is exactly what it means....they can try again at a later date until the statute of limitations expires on the debt.

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So yes, if you can get them to agree to drop it with prejudice, then that makes it final forever.

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thanks

Barrister

Customer: replied 10 months ago.
But I read that "
Dismissed Without Prejudice Law & Legal Definition "A dismissal without prejudice is granted in response to a notice of dismissal, stipulations, or a court order." and
Dismissed With Prejudice Law & Legal Definition - although your answer is correct, is there an exemption as I found that "a dismissal with prejudice is dismissal of a case on merits after adjudication."This case was filed but never had a hearing.
Customer: replied 10 months ago.
Hello?
Expert:  Barrister replied 10 months ago.

Ok, this isn't technically a dismissal with or without prejudice because a judge does that.. Basically this would be the other party saying that they just don't want to continue.

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But they can still voluntarily agree to give up the right to continue the case forever by entering the stipulation and agreeing to discontinue with prejudice.

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thanks

Barrister