Does anyone know exactly what a judgement dismissed without prejudice means? Plaintiff didn't show for trial.

Question

I am being sued for a credit card debt that I do not owe. The debt was bought by Midland Financing. The atty refused to negotiate with me and requested a trial. He did not show up for the trial, so the judge dismissed the case without prejudice. It appears that they can still come after me with other court appearances, but I am not sure, I received various answers from different sources. Does anyone know how likely it is that they will pursue the lawsuit? Thank you

Answer 1

The dismissal in fact leaves open the possibility of re-filing the lawsuit or otherwise attempting to collect the claimed debt.

"Without prjeudice" means that the case was not adjudicated and no resoltuion has been made.

However, at this point you have grounds for a counter-action if they continue to pursue this claim, or make harmful statements to credit reporting agencies.

You can ask an attorney to help with a formal letter to the company advising them that you will take such action. You should include copies of any derogatory material on any credit reports, and demand that these be corrected. Separately, you should also notify the credit reporting agencies that the report is incorrect and demand a change.

In this manner you protect your intersts - and, if the company is fool enough to try again, you are positioned to sue them in return and make a wad.

Answer 2

Without Prejudice: Without any loss or waiver of rights or privileges.

When a lawsuit is dismissed, the court may enter a judgment against the plaintiff with or without prejudice. When a lawsuit is dismissed without prejudice, it signifies that none of the rights or privileges of the individual involved are considered to be lost or waived. The same holds true when an admission is made or when a motion is denied without prejudice.

The inclusion of the term without prejudice in a judgment of dismissal ordinarily indicates the absence of a decision on the merits and leaves the parties free to litigate the matter in a subsequent action, as though the dismissed action had not been started. Therefore, a dismissal without prejudice makes it unnecessary for the court in which the subsequent action is brought to determine whether that action is based on the same cause as the original action, or whether the identical parties are involved in the two actions.

The purpose and effect of the words without prejudice in a judgment, order, or decree dismissing a suit are to prohibit the defendant from using the doctrine of res judicata in any later action by the same plaintiff on the subject matter. The doctrine of res judicata (from the Latin, "a thing decided") is based on the importance of finality in the law. If a court decides a case, the subject of that case is firmly and finally decided between the persons involved in the suit, so no new lawsuit on the same subject may be brought by the persons involved. Therefore, the words without prejudice protect the plaintiff from a defendant's res judicata defense.

A court may also enter judgment with prejudice, however. This signifies that the court has made an adjudication on the merits of the case and a final disposition, barring the plaintiff from bringing a new lawsuit based on the same subject. If a new lawsuit is brought, a defendant can properly invoke res judicata as a defense, because a court will not relitigate a matter that has been fully heard before. Often a court will enter a judgment with prejudice if the plaintiff has shown bad faith, misled the court, or persisted in filing frivolous lawsuits.

Answer 3

"Without Prejudice" means they can file the suit again. not knowing the person I cannot say how likely it is they will do this, but the court has given them that option. I do hope it all works out for you. I think once a person fails to show especially when they are the ones to bring the suit, that should be the end of it. But each judge is different I suppose.

Answer 4

You were charged. which will take position on your list. The charge became pushed aside. you've been no longer convicted. So a conviction does no longer take position on your list for that offense. Dismissal without prejudice potential, if extra info is received, you'd be charged back and probably prosecuted/convicted. Dismissal with prejudice signifies that you could not ever back be charged for that express offense.

Answer 5

Dismissal without prejudice means that they can retry you for the case if they want to. If he didn't show up I think it's unlikely that they will retry you.

Answer 6

yes it means they can still take you to court .... if it was just dimissed then they could not but without predudice means they can ....sorry ....but good luck!!!! :)