A case can end in a judgment for the plaintiff or defendant, or a dismissal. When dismissed, it can be with or without prejudice. Read on to find out more if you have a case that involves debt collection as the information below looks at dismissed without prejudice.
First of all, you should know that there are two possibilities for a lawsuit to be dismissed with prejudice. It could be part of the deal if you had settled with a debt collector or it was drop by the debt buyer who realized that the case is on the losing end. Anyone will be good because it means that you cannot get sued for this debt again and won’t get bothered by the debt collector. If this is not part of the debt settlement you might be able to sue the buyer if a bogus lawsuit is brought against you, a false credit reporting is committed, or some other violations occur.
Whenever a case ends as a dismissal without prejudice, the plaintiff will be free to file another suit on the same grounds. An example would be if the defendant fails to follow through on the terms to reduce debt settlement.
Whether it’s a dismissal with prejudice or without prejudice, a bankruptcy attorney will be able to help with your case.
In addition to the above, there is the possibility of having a voluntary dismissal without prejudice. Where a plaintiff attorney is concerned, this litigation tool is one of the most powerful options available. This allows the plaintiff’s attorney to take voluntary dismissals, regardless of the opposition from the court or defense, at any time prior to resting a case. All that is required is for him/her to give oral notice for this in open court. Bear in mind that voluntary dismissals without prejudice have been used more than any other litigation tool to save a lawsuit that is failing as it allows plaintiffs to start over again with a clean slate.
If you are thinking of filing for bankruptcy to get debt relief, you need to know that this is not a guarantee that a discharge petition will be given. Your case can be dismissed if you don’t comply with the bankruptcy laws or if you fail to follow the right procedures in your area. Fortunately, most of the dismissals which are brought on for procedural reasons are usually without prejudice. This means you can refile the case right away.
Another thing to know about is debt forgiveness. This is total or partial forgiveness of debt, meaning you don’t owe the lender or some other party. If you get this it would mean that the lender has given up the rights to collect on the debt and it’s written off in their books.
There are additional resources available if you want to know more about dismissed without prejudice.