If a car got repossessed and I have a court paper that says it was dismissed without prejudice, can a collection agency collect on it?
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If a car got repossessed and I have a court paper that says it was dismissed without prejudice, can a collection agency collect on it?
I need to know if I have to pay this or fight it because, my understanding is, that “without prejudice” means that the original company with the account can come back but not a collection agency. I need to know what I should do.
Asked on March 24, 2011 under Bankruptcy Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
When a court issues an order that says "without prejudice" it means that a matter or an issue has been decided whci the court has decided - a dismissal of a matter most likely - but that the dismissal is not based upon something that would preclude the party who is the plaintiff from bringing the action again. It is most likely a decision that is NOT based upon the merits of an action. Probably a technicality. So the courts will allow a party to re bring the action. Now, since aI can not read the order or the paperwork on which it is based I can not tell you that you are correct here with you assessment about the collection agency. I would suggest that you bring the paperwork to an attorney to review and help you with. Good luck.
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