Dissmissed without prejudice

[Jbetz60]

I'm in Indiana and found that a case was dismissed without prejudice and can be brought back up again in court and I was wondering how long does the cocourt have to bring it back up again b4 they can no longer bring it back up in court

 

[Zigner]

It depends - why don't you explain the situation?

 

[Jbetz60]

It is for collectionsof a joint account between myself and someone else and because they couldn't serve either with papers to appear in court they dismissed it without prejudice

 

[Jbetz60]

That was accidentally ran into the negative quite a bit not sure of the amount

 

[quincy]

I'm in Indiana and found that a case was dismissed without prejudice and can be brought back up again in court and I was wondering how long does the cocourt have to bring it back up again b4 they can no longer bring it back up in court

Was it the court that dismissed the action without prejudice, or did the debt collector dismiss its own case without prejudice?

If the former, the court probably saw an error or omission in the original filing and is allowing the plaintiff to file the action again after correction. If the latter, the plaintiff might need more time to compile evidence and will refile again.

If the suit is refiled, it must be filed within the statutory period for collections on the debt. The statute of limitations can be used as a defense to any action filed too late.

 

[Zigner]

From the various sources I have found on the web, the statute of limitations for collection of a debt on account is 6 years. You should do a web search for Indiana statute of limitations and research it. If you are still unsure, then you may wish to consult a local attorney.

 

[quincy]

Written contracts in Indiana have a 6 year statute of limitations.

 

[Jbetz60]

Ok thanks that really helps me out a lot

 

[quincy]

Good. We aim to please.

 

[Jbetz60]

Was it the court that dismissed the action without prejudice, or did the debt collector dismiss its own case without prejudice?

If the former, the court probably saw an error or omission in the original filing and is allowing the plaintiff to file the action again after correction. If the latter, the plaintiff might need more time to compile evidence and will refile again.

If the suit is refiled, it must be filed within the statutory period for collections on the debt. The statute of limitations can be used as a defense to any action filed too late.

Yes it was the court that dismissed it without prejudice

 

[quincy]

Yes it was the court that dismissed it without prejudice

If that is the case, I imagine the court found something lacking in the plaintiff's case and is giving the plaintiff the opportunity to correct/amend the complaint.

 

[Zigner]

If that is the case, I imagine the court found something lacking in the plaintiff's case and is giving the plaintiff the opportunity to correct/amend the complaint.

The OP stated that the dismissal was due to lack of service.

 

[quincy]

Oops. Missed that.

That would be a pretty big error that needs correcting.

 

[abraham5]

Thanks for the info it helped me a lot.

 

[quincy]

Thanks for the info it helped me a lot.

Glad to hear that, abraham5. FreeAdvice archives old threads so that others can read and hopefully benefit from what has earlier been provided.