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Voluntary Dismissal. This is good right?


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Sorry for the double posting (posted on another site) but I really need some feedback here.

Found out last month that I had a view cases before the courts that I knew nothing about. Went today and copied one of these cases. I will copy the important parts of the document and then I will follow with a few questions.






Notice of voluntary dismissal.

Comes now the plaintiff, by and through its undersigned counsel and dismisses this action without prejudice pursuant to Rule 1.420 (a) (1). Certificate of service.

I copied another page where the server attempted to deliver the papers to a wrong complex miles from my home.

Funny thing is my correct address is listed on the alleged cc statements they put before the court as evidence.

Ok now I would like to know if the SOL was tolled by them filing this case before the court or is the SOL still 30 days from last payment? (This is important as they are attempting to sue again I believe. I have approximately 1 month to go.)

Is there a lawsuit in here somewhere? Again like I said they served (poorly attempted) the sevice at an old address and not the new address that is listed on the alleged statements from the OC.

Also they have a partial payment listed on this alleged account as my final payment. They have sent me many important looking documents the exception being this alleged final payment. Will I have to wait until my day in court to view this? It really is very close to being SOL. I just want to double-check the authenticity of the copied check or whatever they have.

Sorry for the long-winded post and I thank you for all your imput in advance.

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A dismissal withoutprejudice means that it can be refiled within a set time frame as required within your state...some are as much as 1 year.

Have you been served the second summons pertaining to the refiling?

Since the original summons was issued well before the SOL, this may not be a defense to you. It would, again, depend on your state's statutes in this matter, which I am not familiar with. Perhaps someone else might have additional information they can provide you in this regard.

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Went back to the courthouse today and looked at some more files. Of the 4 cases that stated judgement issued on the courthouse website 2 were dismissed without prejudice:( (better than nothing) one was dismissed under a blanket order of dismissal and one is still listed as open.

As I understand it dismissed without prejudice means they can reopen this case within a 1 year time frame. ( Hope I am correct in stating that as they both are way past a year since being dismissed.) I know they can sue me again but they must take me back to court all over again. (Again I hope I am right!:confused: )

The one that was dismissed under the blanket order was done by the court due to it's age. The one that is still open was one the court overlooked (I guess) being as it is 2 years older than the rest. The clerk said it should have been dismissed.

My question is should I file a blanket order of dismissal on the open case or wait until it goes SOL in 2 or so months? Or should I just let sleeping dogs lie and do nothing?

By the way all alleged accounts are still within the 5 year statute.

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