Once court rule small claims case closed can debt collector take me back to court again 2 years later

cutebrowneyedgirl43, on 12 February 2013 - 11:58 PM, said:

but under what circumstances would the court dismiss the case without prejudice? originally the case when I was in the courtroom the judge said it was dismissed because the other party wasn't present....if i would have thought of it I would have gotten papers stating that, it is now the papers say without prejudice so is there anyway to argue that there is an error in the paperwork because there is now way it could hae gotten dismissed without prejusice if both parties were present at the time?

There two possibilities for a dismissal: either with prejudice or without prejudice. The former means that the plaintiff cannot refile the same claim again later. The latter means that the plaintiff is not barred from filing the claim again.

A dismissal with prejudice is generally occurs when??it's clear to the court has that there is simply no way that the plaintiff can make his case if he was to file again later. A good example of this is a dismissal based on the expiration of the statute of limitations (SOL). Once the SOL is gone, nothing the plaintiff can do later will cure that problem. So, the court would dismiss that with prejudice because there is nothing the plaintiff can do to overcome the problem.

A dismissal that is the result of the plaintiff failing to show up is generally going to be dismissed without prejudice. That?s because the fact that the plaintiff failed to show doesn?t mean the plaintiff couldn't make his case if he were to file again and litigate the matter to conclusion. The basic philosophy here is that the courts prefer to decide cases on the merits rather than procedural grounds where possible. In other words, the courts try to give everyone their day in court to argue present their case.

Your options now will depend on the laws and court rules that apply, and you did not say in what state and type of court the case was filed. First, check to see if the SOL for suing you has passed. If the SOL is gone, that?s a good defense you for you. If it is still open, you might still be able to get it dismissed, this time with prejudice, if you can show that the 2 year delay has significantly damaged your ability to present a defense to the claim. However, simply having to deal with the aggravation of the litigation again isn?t likely to be good enough to get it dismissed.

Source: http://boards.answers.findlaw.com/index.php/topic/224365-once-court-rule-small-claims-case-closed-can-debt-collector-take-me-back-to-court-again-2-years-later/

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