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Dismissed w/o prejudice


sherdog
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I got a notice of dismissal w/o prejudice from the other side, am i in the clear for now? or will I still have sleepless nights?

This is after i served a notice of deposition to the affidavit, and i was in the process of striking the affidavit for failure to appear (they missed my depo date), should i be worried?

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I do not know the details of your case (such as how close you are to SOL) but as for this case, it is done with and you won. What a dismissal w/o prejudice means is that the defendant requested the case to be close  but permission to refile in the future if they so wish. This means that as long as the SOL has not run out, they can file again. As for now however, savor the victory.

If the SOL was close when the case was originally filed, it might have run out during the case and once the dismissal is done, the SOL reverts back to the date of first default and the clock acts as if the case was never filed. This would mean that if they file again, you can use the SOL as an affirmative defense AND might even have a FDCPA violation.

Finally, even if they can file, they probably will sell on the debt with the notation what you will fight if a lawsuit is filed. Some will take a 2nd try but most will not because they are looking for the easy stuff. I would keep the records from this case for the rest of your life. This way, if they do try to refile, you can start with that file and know the path you will take.

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