Dismissed “Without Prejudice”

A case dismissed “without prejudice” means that the lawsuit can be re-filed.  However, to re-file the case, the statute of limitations for collecting a debt still applies.  Thus, if a creditor dismisses a lawsuit against you without prejudice, they may have the right to sue you again in the future.  A Motion for Nonsuit is typicality without prejudice.

It is also important to note that the statute of limitations does not restart based on the previous lawsuit.  The 4 year time still goes back to your original default date or last payment date with the original creditor.

Just about the only way to get rid of a case forever is to win the case at trial with a take nothing judgmentor to settle the case and get a dismissal with prejudice.  We will go over your case with you and determine the best solution.  Often settlement of the lawsuit is the best way to go depending on the Court, the Evidence and your specific situation.  A settlement results in a dismissal with prejudice.

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Mike Weston is a seasoned debt lawsuit defense attorney and founder of Weston Legal. Since 2005, Mike has devoted his career to compassionately helping consumers struggling with issues involving their personal and business debts. Mike is grateful to have been able to help tens of thousands of clients become empowered with knowledge on the path to financial stability.

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