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Over 2-yers since Dismissed without Prejudice


piotrek04
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Chain of events in NJ Special Civil Part

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December 2006 – Complaint Served

January 2007 – Proof of Service Filed in Court

April 2007 – Default Judgment entered

March 2011 – Default Judgment Vacated

April 2011 – Trial, Plaintiff did not show at the trial

April 2011 – Case dismissed without prejudice

 

Questions:

  1.  Can Plaintiff re-open the same complaint since 2 years has elapsed from dismissal without prejudice?
  2. How Can I close existing complaint once for all? To be dismissed with prejudice?
  3. Can Plaintiff file another complaint for the same credit card account, it has been more than 6 years now, and SOL has run out?
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Questions:

  1.  Can Plaintiff re-open the same complaint since 2 years has elapsed from dismissal without prejudice?
  2. How Can I close existing complaint once for all? To be dismissed with prejudice?
  3. Can Plaintiff file another complaint for the same credit card account, it has been more than 6 years now, and SOL has run out?

 

 

1.  Maybe.  The SOL is tolled once the case was originally adjudicated.  When the judgment was set aside it is possible that the remaining time on the 6 year SOL came into play.  

 

2.  There is no case to close.  Once it was dismissed without prejudice that was it.  At that hearing was the time to argue to dismiss with prejudice because they did not show.

 

3.  Maybe.  How much time was left on the SOL when they filed in 2006.  It is possible there is still a little time left to file.  If they are not pursuing you why worry about it now?

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