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 10 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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