"Dismissed with Prejudice" in VA

[budjva]

What is the name of your state? Virginia

Does having a case dismissed with prejudice prevent me from ever filing another suit against the same person, if the new lawsuit is for a DIFFERENT amount? My reading of Virginia law states that a plaintiff can not suit the same person for the same amount. Do I have any leeway legally? BTW, my case (a counter-suit) was never heard due to me missing the hearing because of car trouble (I called the court to inform), but case was heard anyway. Thanks.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Virginia

Does having a case dismissed with prejudice prevent me from ever filing another suit against the same person, if the new lawsuit is for a DIFFERENT amount? My reading of Virginia law states that a plaintiff can not suit the same person for the same amount. Do I have any leeway legally? BTW, my case (a counter-suit) was never heard due to me missing the hearing because of car trouble (I called the court to inform), but case was heard anyway. Thanks.

My response:

A "Dismissal with Prejudice" has nothing to do with the amount in controversy. It means, however, that you cannot sue the same person concerning the same set of facts.

IAAL

 

[budjva]

Follow-up, Motion to Rehear vs "Dismissed w/Prejudice"

I've filed a motion to rehear (Virginia law). Since both the plaintiff's case and my counterclaim were joined, if I'm blessed with a "Rehearing", does this set aside the entire case? I realize it "vacants" the judgment, but does it effectthe "dismissal with prejudice"? Thanks.