Dismissed Without Prejudice

**rescuewizard** · 11-20-2008, 09:21 AM

My question involves judgment recovery in the State of: Georgia

I had an old debt that went in to default and was purchased by a second party. They hired a law firm to sue for the amt. owed. I argued the legitimacy of the debt, thought it was out of the sol, but not completely sure.

I showed for the court date but upon arrival, found that the previous week they had dismissed their claim without prejudice. No reason was given.

I understand they have the option of refiling, if so what is the time limit for that?

Why would they not pursue the case they started?

**Betty3** · 11-20-2008, 05:34 PM

The primary reason for requesting dismissal is that normally debt buyers and collectors do not have any proof - much less sufficient proof - that you owe the debt to them.

A dismissal without prejudice is still a dismissal so the case is over. This is a good thing as the case is finished. The reason it is *not* a complete victory is that the "without prejudice" means that the debt buyer can sue you again. The case is over but it doesn't mean that the money is not owed - it just means the plaintiff was able to convince the court to drop the suit but it does not prevent or impact a second suit against you. Please note this can only be done once by a plaintiff - the second suit has to be dismissed with prejudice.

**Betty3** · 11-20-2008, 05:41 PM

Adding to my above post, you asked time limit for refiling. They can sue again as long as the debt is owed even if the debt is out of the SOL. You would then use that as your defense to the lawsuit. They may very well not sue again though I can't say that for sure. Good luck.