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Filing a Motion to Dismiss


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<blockquote>Originally posted by RENEE

What exactly is a "Filing a Motion to Dismiss With Prejudice" and what are the pros and cons?




Ok - sorry for delay - me & this search engine don't get along too well, lol

With 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.

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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.

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