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Credit Card case was dismissed without prejudice by plaintiff?
Anonymous2 views4 answers
After I filed a motion to compel discovery on a credit card debt and it was granted, the plaintiff filed a motion to dismiss the case without prejudice. Does this mean they can sue me again? according to the original summons the debt went into default on 4/28/2008 (due to never receiving discovery) I don't believe this debt was mine and I have been fighting this for over a year. Since the statute of limitations in Calif is 4 years, there is still a tiny window for the nightmare to begin again! Is there any recourse to keep this from happening again?
"Without prejudice" is shorthand for "without prejudice to refiling" so, yes, the case can be filed again. Whether the creditor is willing to spend the money to do so is not within your control. If the case is refiled, you will want to consult with counsel experienced in debt defense and inquire particularly whether any of the pursuit of the alleged debt has violated the federal Fair Debt Collection Practices Act.
Best wishes for a favorable outcome, and please remember to select a best answer.
When a lawsuit is dismissed without prejudice, it means the plaintiff preserves the right to re-file the lawsuit (provided there is no statute of limitations bar).
You wouldn't be able to proactively prevent this nightmare of a lawsuit from coming back. However, based upon the fact that you were previously in litigation regarding this matter, and the fact that you aggressively defended it with discovery and discovery motions, I suspect it is highly unlikely that you will be sued again for the same alleged debt.
Best wishes.
Yes, they can sue you again. Yes, there may be a tiny window. No, there is nothing you can do to prevent them from pursuing their rights to sue you. However, my best guess is that they have given up and will now go away.
Be sure to file a Memorandum of Costs with the court. You will then have a judgment against the credit card company for court costs.
They might file again, but I doubt it. If they sue again, you will serve them with discovery again. Since they do not want to respond to discovery, why would they spend amount $500. to file and serve you?
If the debt was not yours, or if the amount claimed was not correct, the credit card company violated the Fair Debt Collection Practices Act (both state and federal). You can sue them and recover damages for your emotional distress, statutory damages of between $100 and $1,000, and attorney's fees. You may want to consult an attorney. Check your credit report and see whether this account shows on your credit report. If so, talk to an attorney.
