How can I have a case that was dismissed without prejudce to being dismissed with prejudice?
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How can I have a case that was dismissed without prejudce to being dismissed with prejudice?
Once done, can I then effectively dispute the debt on my credit report to be removed? How long does a plaintiff have to refile against me?
Asked on October 16, 2012 under Bankruptcy Law, Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Dismissed without prejudice usually means something happened that either didn't make the case ripe yet or the plaintiff sued without particular documents or proof. The court allows the person to refile. However, a case dismissed with prejudice is something done by the court, like the former, but the judge ultimately has to make the decision that for example the defendant was wrongfully sued or there is no clear and convincing information or evidence to hold this person accountable. You will most likely need to file a motion for summary judgment to get it dismissed with prejudice. If the case is dismissed with prejudice, then yes you can dispute the debt on your credit report but you can also dispute it now without requiring a final judgment.
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