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  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default Lawsuit Dismissed Without Prejudice

    My question involves collection proceedings in the State of: Northeast Ohio


    Just like a previous thread you answered i got a letter that said "Dismissed without Prejiduce"

    You stated to another person that the Plaintiff can only sue me once over this debt so its over. Then you said the second suit would also have to be
    filed as Dismissed without Prejiduce?? I am a little lost.

    The Plaintiffs listed on my law suite were both Capital One and their attorney so what your saying is that neither one of them can sue me for this debt again. So How does the 2nd suit come about if it were to since Capital One Cannot sue me for the same debt?? Sell the debt again to another junk debt buyer???? If they did that then only they could come after me NOT capital One!! Obviously the new party is not going to be able to produce any other proof as well so it ends up the same as the first suit.

    How many times can this go on before a judge steps in and says enough is enough suit is over and done with period. God I think the SOL in Ohio is like what 10 15 years??? so this will forever just hand there over my head?

    Another Question!! If they filed "Dismissed without Prejiduce" then that means they cannot prove that I owe this Debt. If they cannot prove I owe this debt then how can they come after me for a debt they cannot prove I owe!?? Also can any and all derogitory info pertaining to this debt now be removed from the Credit Bureaus? They always said if the person collecting the debt, putting the derogitory info on my credit file CANNOT PROVE that I owe thios debt then the info has to be removed.

    To keep this hanging over my head is like saying I can go to the court and file a suit against anyone and make a claim that someone owes me big bucks (even though they may not) and I can take them to court then drop the case without Prejiduce and have it hanging over their heads forever! I cannot prove they owe me but I am going to have this hanging over their heads forever.

    AND in a way your contradicting yourself. One minute you say the Plaintiffs can no longer sue you but then you say they can still sue me again. How can that be when you just said the Plaintiffs could only sue you once!! How does this 2nd suit occurr? again redundantly speaking, "If they CANNOT prove that you owe the debt then it would only seem fair that the debt should be dropped!! It just seems rediculous to me!!

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Lawsuit Dismissed Without Prejudice

    Any civil action that is dimissed "Without Prejudice" can be re-filed at any time up until the statute of limitations expire.

    However, if is extremely unusual for any civil action dismissed by the court to be re-filed as the system offers all sorts of opportunities for the plaintiff to correct any errors in the complaint, obtain evidence and the like. If it is dismissed there is something fundamentally wrong with it. However, it might be a matter of not having the evidence and finding it later, but it would be mighty stupid to file a civil action before all the ducks were in a row.

  3. #3
    Join Date
    Sep 2010
    Posts
    9,490

    Default Re: Lawsuit Dismissed Without Prejudice

    Since you didn't post this as a message in the other thread, "We" (this board is a bunch of volunteers not one person) have no idea what you think you were told before. I can't even find another post under your name.


    Dismissed WITHOUT prejudice means that they are free to refile within the statute of limitations. It doesn't make any statement about them being able to prove something or not, just that for whatever reason the case was stopped. If it was because they didn't have the necessary paperwork to show you owed the money, dismissed without prejudice means if they find it they can come back.

    It's not hanging over your head any more than it was before they filed the suit. Anybody can file civil actions at any time (whether it's been dismissed without prejudice) before or not.

    Please soften the attitude, we are not the COURTS, we are not the LEGISLATURE, and WE were not necessarily the one who told you whatever you imagine you were told before about getting this action dismissed.

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