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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27266
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Dismal with prejudice: I received a letter stating my case

Customer Question

Dismal with prejudice: I received a letter stating my case was dismiss with prejudice. Does this mean i can have the judgement removed from my credit report?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good afternoon. Do you know why it was dismissed? I am asking because you shared that there is a judgment and for their to be a judgment, the case could not be dismissed, so I am trying to get a better idea of what happened.

Customer: replied 1 year ago.
Judgement was satisfied original amount was 35000 setlle for 900. Statue of limitation had expired and they filed the judgement anyway. I then requested a hearing with the Judge while they were asking for the 35000. Once i received a hearing we agreed to settle for 900. The judgement is still showing on my credit report. Had I went before the Judge I'm sure she would have thrown out the Judgement>
Expert:  LegalKnowledge replied 1 year ago.

So who sent the letter saying the case was dismissed with prejudice? If the case was dismissed, there should not be a judgment. If there was a judgment, then it means that you were sued and the plaintiff prevailed. if the SOL had run and you had a defense, why did you settle? Also, you said the Judge would have thrown this out, so I am still unclear as to the history. I want to provide you with a proper answer just want to make sure we are on the same page with legal terms and what happened. Thank you.

Customer: replied 1 year ago.
There attorney
Customer: replied 1 year ago.
my attorney said we should settle and I thought by settling there would be no judgement
Expert:  LegalKnowledge replied 1 year ago.

If they dismissed this case with prejudice, then you should also ask that the judgment be vacated. I say this because the dismissal with prejudice would prevent them from refiling and going after you again. You should ask that they report this to the 3 major credit bureaus, so it can be removed. As I shared, a judgment is entered when you are sued and the plaintiff prevails. If they got a judgment and then you settled for less then the amount owed, there still would be a judgment in place, unless a condition was a dismissal, which is what you need to know and find out, as to why this happened, since you were represented by an attorney.

Expert:  LegalKnowledge replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!