RENEE Posted March 20, 2003 Report Share Posted March 20, 2003 What exactly is a "Filing a Motion to Dismiss With Prejudice" and what are the pros and cons?ThanksRenee Link to comment Share on other sites More sharing options...
kb9tbq Posted March 20, 2003 Report Share Posted March 20, 2003 <blockquote>Originally posted by RENEEWhat exactly is a "Filing a Motion to Dismiss With Prejudice" and what are the pros and cons?ThanksRenee</blockquote>Ok - sorry for delay - me & this search engine don't get along too well, lolWith Prejudice I do believe means that the OC or CA can't refile fresh for a new judgment, like a do over (since they may still be within the SOL on the account).But the second time around - they are sure to cross their t'S & dot thier I's - making sure to serve you right so they can go forth and make the next judgment stick. Link to comment Share on other sites More sharing options...
RENEE Posted March 20, 2003 Author Report Share Posted March 20, 2003 Delay???? That was the quickest response i ever received in my life. LOL YOu are one quick cookie. I still dont understand it though. Why does it have to take me so long to understand something so simple... Link to comment Share on other sites More sharing options...
kb9tbq Posted March 20, 2003 Report Share Posted March 20, 2003 Means that you find a reason to get the judgment thrown out - like they did not serve you notice properly. Well this just resets everything from the start again. Will get removed from credit report, but the creditor will most likely try to serve you again to have another judgment entered on the account owed.If you get it with Prejudice; this will stop the creditor from having a second try at filing the judgment. They will be out of luck period - you don't have to pay them. Link to comment Share on other sites More sharing options...
RENEE Posted March 20, 2003 Author Report Share Posted March 20, 2003 Perfect! Thanks so much for your patience and insite.Renee Link to comment Share on other sites More sharing options...
calawyer Posted March 20, 2003 Report Share Posted March 20, 2003 "With prejudice" means that the plaintiff can't file a new COMPLAINT based upon the same facts. "Without prejudice" means that the plaintiff can try again with an amended complaint. Link to comment Share on other sites More sharing options...
RENEE Posted April 14, 2003 Author Report Share Posted April 14, 2003 Thanks CALawyer Link to comment Share on other sites More sharing options...
kb9tbq Posted April 14, 2003 Report Share Posted April 14, 2003 Thanks Calawyer:I Keep forgetting the difference; like hitting the same brick wall over & over & over... lol Link to comment Share on other sites More sharing options...
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