Changing a Dismissal Without Prejudice to a Dismissal with Prejudice

[Maddad7]

This is an Ohio case. I am not a lawyer, just an abused and fed up consumer. I was sued recently and for the second time by a collection agency, Asset Acceptance, but this time I came out on top, at least for the moment, and have a question I need answered. The situation is this. As is Asset Acceptance's pattern, when they filed the complaint I was not served properly, but this time I found out about it anyway and answered the complaint in a timely fashion so they could not file a motion for summary judgment, which is what they like to do and often get away with it. In my answer to the complaint I denied the debt within a motion for a more definite statement. They subsequently filed an interrogatories and admissions request, which I also answered, but I waited until the last day they were due and sent the answers by certified mail, return receipt requested. This is where someone in the plaintiff's lawyer's office screwed up. He or she evidently thought either that I did not file the answers or that I was late filing the answers, so they filed their motion for summary judgment, in which they claimed that since I did not answer the interrogatories I admitted the debt. I then filed a motion in opposition, pointed out the fact that I have already disputed the debt, enclosed a copy of the answers I had filed earlier, and also enclosed a copy of the return receipt which had been timestamped by the post office. Shortly thereafter plaintiff's lawyer filed a motion ex parte, apparently to speak to the judge to explain that they made a mistake. Telling anyone that the debtor does not dispute the debt when he has in fact disputed the debt is a violation of the law - see 15 U.S.C. 1692e (8), originally stipulated in the Fair Debt Collection Practices Act.. A few days later I received a copy of a motion for dismissal without prejudice from the plaintiff, which was followed the next day by a signed copy of the notice of dismissal and entry order from the judge. I was of course happy to have the case dismissed but I am dissatisfied that it was done "without prejudice". As I understand it, this means that Asset Acceptance can come back at me again a year from now on this same debt and make me go through this all over again. My question is this. Can I file an objection to the dismissal without prejudice and ask the judge to change it to a dismissal with prejudice?

[Rosalynn200]

They can refile their complaint so long as the Ohio 15 year SOL hasn't expired. They can't refile, however a third of fourth time, though.