tjmmom Posted August 16, 2008 Report Share Posted August 16, 2008 i was served lawsuit papers for less than $1,000 and i responded to the court and the collection attorney disputing the claim for jurisdiction, verification of debt, verfication of amount, proof they were legally able to sue me, etc. etc.i got a response back from the attorney wanting to dismiss the case against me without prejudice and without costs to either party?should i sign it? Link to comment Share on other sites More sharing options...
swirlgirl Posted August 16, 2008 Report Share Posted August 16, 2008 Dismissing without prejudice means they will have the option to re-file the case in the future. Most likely they won't but you never know. Can you go back to them and ask them to dismiss WITH prejudice? Can't hurt to ask. It sounds like they don't have a case. Link to comment Share on other sites More sharing options...
deltadawn Posted August 16, 2008 Report Share Posted August 16, 2008 Dismissal without prejudice is a dismissal that allows for re-filing in the future. The present action is dismissed but the possibility remains open that they could file another suit on the claim. This directly differs from a dismissal with prejudice, in which they cannot file another law suit.I am not a legal expert; however, if I were in your shoes, I would ask for a dismissal with prejudice. Link to comment Share on other sites More sharing options...
deltadawn Posted August 16, 2008 Report Share Posted August 16, 2008 Sorry Swirlgirl, I guess we were posting at the same time. Link to comment Share on other sites More sharing options...
swirlgirl Posted August 16, 2008 Report Share Posted August 16, 2008 Great minds think alike. Link to comment Share on other sites More sharing options...
blueranger Posted August 19, 2008 Report Share Posted August 19, 2008 I would file a motion for dismissal with prejudice and I would attachthe letter offering dismissal as exhibit A. Link to comment Share on other sites More sharing options...
nascar Posted August 20, 2008 Report Share Posted August 20, 2008 All things considered, the dismissal, and what type it is, has little to do with what the CA is going to do afterward. Take the dismissal however you can get it, but make it conditional upon getting a release as well. Link to comment Share on other sites More sharing options...
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