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Dismissal without Prejudice

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teambusse

Junior Member
What is the name of your state?What is the name of your state? Wisconsin County: Brown

Long Story Short: I was taken to small claims court for a old cc bill by a Law Firm who purchased the debt. I won the first time in small claims so they refiled in a higher court. They rescheduled it twice, went to court and the judge granted them another court date since they didn't have their evidence with them. Wierd?! Now my court date has been rescheduled for tommorow and I received a letter today from the Lawyer and it says they move to Dismiss this action without prejudice. Does this mean that they can refile? I have 5 days to petition to the court and I don't know what to do. I could go to the courthouse tomorrow and talk to them but I don't understand what this exactly means. If anyone can help please do!! Thanks, Christa Busse
 


H

Happy Trails

Senior Member
teambusse said:
What is the name of your state?What is the name of your state? Wisconsin County: Brown

Long Story Short: I was taken to small claims court for a old cc bill by a Law Firm who purchased the debt. I won the first time in small claims so they refiled in a higher court. They rescheduled it twice, went to court and the judge granted them another court date since they didn't have their evidence with them. Wierd?! Now my court date has been rescheduled for tommorow and I received a letter today from the Lawyer and it says they move to Dismiss this action without prejudice. Does this mean that they can refile? I have 5 days to petition to the court and I don't know what to do. I could go to the courthouse tomorrow and talk to them but I don't understand what this exactly means. If anyone can help please do!! Thanks, Christa Busse
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Yes, they could refile if they end up getting it dismissed without prejudice.

Seems as though they are scrambling to get some sort of proof of the debt.
 
T

teambusse

Junior Member
RE:Happy Trails

What would your suggestion be for me to do? Or is there anything I can do? I am lost with this case, they send me letters still asking me to settle out of court, call my home and cellphone asking for settlement. It is so tiring but yet I don't want them to think that I am going to give in either. Thanks, Christa
 
F

fauve4

Member
Is the debt legit?

Just curious if the debt is a legitimate debt that is yours? If it is, why do you not feel obligated to pay it?
 
J

JETX

Senior Member
teambusse said:
What would your suggestion be for me to do?
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Go ahead and allow the court to dismiss. It would be hard for you (a layperson) to argue for a 'with prejudice' finding successfully.

And yes, they can refile up to the date the SOL expires.... but it is unlikely as it will cost them another refiling and service fee. Also, if they can't find their records by now, it is likely they won't be found at all.
 
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