How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Legal question
Type Your Legal Question Here...
characters left:
13 Lawyers are Online Now

Dismissal without prejudice Questions

Dismissal without prejudice in a civil case means that a plaintiff is allowed to re-file a claim at a later time. There are various reasons for a case to be dismissed without prejudice. Usually, the most common reason is that the court doesn't think the plaintiff can prove his/her case. The defendant doesn't go unaffected by this type of dismissal. The chance that the plaintiff can re-file at a later date often leaves a defendant exposed to a possible future lawsuit. Below are a few of the more commonly asked questions regarding a dismissal without prejudice.

I had a collection case dismissed without prejudice 2 years ago and now I am receiving calls from another collection agency that must have purchased this from the law firm. Can they reopen without notifying me?

When a case has been dismissed "without" prejudice it means that at any time in the future, the case could be reopened by either the party or their successors. In other words, if a collection agency buys the debt, they can seek payments for that debt. In order for a case to be closed and unable to re-open, it would have to be dismissed "with prejudice". Many people get the two confused and think that without prejudice means that the case will be closed and cannot be re-opened. If you are potentially going to be on the receiving end of a lawsuit, you would want the case to be dismissed with prejudice.

I received a letter asking me to appear for a dismissal hearing over an old credit card that I had nothing to do with. What is a dismissal hearing?

A dismissal hearing usually occurs when a case has been untouched for a long time and the plaintiff hasn't attempted to prosecute the case. In this type of situation, the court will put the case on a dismissal docket. The plaintiff must then appear in court and explain what they plan to do. If they are going to prosecute the case, when is this likely to begin, and what they plan to do in the matter. However, if the plaintiff doesn't make an appearance on the court date, the case will be dismissed "with prejudice". This means that the case cannot be re-filed. If a long period of time has passed, the plaintiff may not plan on pursuing the case any longer. As far as you needing to be present at the hearing, you may want to contact the court clerk to find out if your presence is required.

My son received a notice of voluntary dismissal without prejudice three years ago. Now a collection agency is starting to call again. Can they do this and what are his options?

A collection agency could still attempt to collect on a debt even if the case had been dismissed. However, if the case was dismissed without prejudice, it is very possible for a lawsuit to be re-filed against your son. In order to be protected from a lawsuit, a case would have to be dismissed with prejudice in order to keep the case from re-opening.

I was just informed by the plaintiff's attorney that they are dropping a lawsuit against me. However, it will be "without prejudice". How do I protect myself at this point from another suit from the plaintiff? What can I file as a motion on my behalf to have the judge rule res judicata?

If a case was dismissed without prejudice, it usually means that there was no determination of the merit of the case and that either party could re-open the case at a later time. This means that res judicata would not apply. Res judicata is a case that has received a final judgment and can no longer be appealed. You can attempt to ask the court to dismiss the lawsuit with prejudice in order to avoid the lawsuit being re-filed.

Provisions of dismissal without prejudice, statute of limitations, dismissal with prejudice and individual circumstances can often lead to confusion about your rights and legal obligations. If you have questions regarding dismissal without prejudice, you should always seek the legal insight of an Expert to clarify your doubts.
Ask a Legal question
Type Your Legal Question Here...
characters left:
13 Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21094
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21094
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18361
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8469
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3821
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3383
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3289
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent Dismissal Without Prejudice Questions

  • Hello: I received a judgement against me January 6, 2004 for

    Hello: I received a judgement against me January 6, 2004 for an unpaid debt (bank loan ~ $9.5k) rendered in Dallas County Court, Texas. A couple of "writs of execution" were filed by the bank's debt collection firm in 2004, 2013 (I was certainly aware of the debt I abandonned, of course, but wasn't aware of all the legal activity that ensued until now). A recent attempt, in April 2014, at garnishing my bank account (garnishment writ after execution) resulted in a non-suit order (dismissal without prejudice). That checking account was certainly blocked for a few weeks, and a hold of -$23,500 put, however, whatever little balance < $50 was there was returned to me recently. Looking at the public details of that recent garnishment, it appears, the debt collector started the legal paperwork January 21, 2014. I researched and thought the statute of limitation for judgements in Texas was 10 years. How was the debt collector/bank able to act on the judgement that is over then year old? Am I out of the woods yet? (FYI, 2002-2005 was a sombre period and had simply no choice at the time but to default.)
  • In Wisconsin, does "stipulation/order of dismissal without

    In Wisconsin, does "stipulation/order of dismissal without prejudice" followed by "settlement before trial" mean that a monitory settlement was reached?
  • i just got a order of dismissal without prejudice,, and the

    i just got a order of dismissal without prejudice,, and the judge said to plantiff to get with opposing counsel and if they agree to settlement talks the judge will re open the case. do i have to open settlement talks or can i just be done? civil lawsuit
< Last | Next >