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  1. #1

    Unhappy Can I Be Sued Twice For The Same Debt

    I was sued in Florida for a deliquent debt but the case was dismissed because the plaintiff took no action. A year and a half later the plaintiff is suing again. There has been no contact with the company in that time. Can they sue me again or did dropping their suit the first time end their ability to sue me?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Can I Be Sued in FL Twice For The Same Debt

    it would depend upon if the judge dismissed the suit with or without prejudice.

    So the answer to your question would be it depends and it depends.

  3. #3
    Join Date
    Mar 2005
    Location
    Florida
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    435

    Default Re: Can I Be Sued Twice For The Same Debt

    if the case was dismissed for failure to prosecute in florida, then it was dismissed without prejudice and can be refiled.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Can I Be Sued Twice For The Same Debt

    Quote Quoting GreatGadsby
    View Post
    if the case was dismissed for failure to prosecute in florida, then it was dismissed without prejudice and can be refiled.
    I would have thought the same but I didn;t state it as such for the fact that the judge could have dismissed with prejudice due to the actions of the plaintifff not disclosed or even unaware of by the OP.

    If the plaintiff had PO'd the judge by some missappropriate behavior, he may have presribed "with prejudice".

    From the fact the complaint has been refiled, I would believe that it was dismissed without prejudice as you have stated gadsby.

  5. #5

    Unhappy Re: Can I Be Sued Twice For The Same Debt

    Thank you so much for the response. The last payment made to the company was in Aug 2003. The first suit was filed in Mar 2004 and closed in Jul 2005. The second suit was filed in Jan 2007. I have 20 calendar days to file a response to the summons. I suppose I am still within the statue of limitations so any recommendations on how I should proceed?

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Can I Be Sued Twice For The Same Debt

    File an answer before you are defaulted. Do you have any defenses to the claim?

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