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LegalGems, Lawyer
Category: Consumer Protection Law
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Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I was being sued by a creditor. We had a case management

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I was being sued by a creditor. We had a case management hearing scheduled for 1/14/16. The Plaintiff failed to appear. The case was dismissed with a Brought Forward date of 2/11/2016. On 2/11/16 if the Plaintiff fails to remedy the default a judgement of "Dismissal For Failure to Act on Default" will be entered. Is this dismissal with prejudice or without?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

Thank you for your patience - it is odd that the relevant rule (Rule 5, dismissal for failure to act on default) does not specify whether this is with or without dismissal.

Here is a link to locate an attorney:

Should you have further questions please post here to continue our dialogue. Otherwise,

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However, after reviewing all of the rules, I located Rule 41, which states that the dismissal would be without prejudice: that rule is here:

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