dismissal question

[mkn0918]

What is the name of your state (only U.S. law)? Arizona

We recently filed a small claims case that we ended up dismissing without prejudice. My understanding is that by dismissing a case without prejudice I have an option in the future to re-open it. The defendant received the dismissal form and sent me an email. He told me that because I did not dismiss the case WITH prejudice that he would have his attorney respond and seek compensation/damages/etc if I do not re-file the dismissal with prejudice. WHAT IS HE TALKING ABOUT???? What damages has he suffered? Why would he need to seek compensation? HELP!!! any thoughts

 

[cosine]

What is the name of your state (only U.S. law)? Arizona

We recently filed a small claims case that we ended up dismissing without prejudice. My understanding is that by dismissing a case without prejudice I have an option in the future to re-open it. The defendant received the dismissal form and sent me an email. He told me that because I did not dismiss the case WITH prejudice that he would have his attorney respond and seek compensation/damages/etc if I do not re-file the dismissal with prejudice. WHAT IS HE TALKING ABOUT???? What damages has he suffered? Why would he need to seek compensation? HELP!!! any thoughts

Sounds like a scare tactic. See what his attorney does.

If there was any liability on your part for filing the case in the first place, I don't see how dismissing with, vs. without, prejudice, would change that liability. In other words, you'd be just as liable had it been dismissed with prejudice. If he really wanted it dismissed with prejudice, he should have replied to your motion to dismiss with a reason why it should be with prejudice.