Can a credit card company sue if they request a dismissal and it was dismissed with prejudice?

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Can a credit card company sue if they request a dismissal and it was dismissed with prejudice?

It also states that all future inquiries reqarding this case should be directed to the opposing party.

Asked on December 20, 2011 under Bankruptcy Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the dismissal is with prejudice, the case cannot be reinstated; however, this is only if the dismissal is for all parties and all causes of action.  A cause of action is a claim.  If there is more than one cause of action and only a certain cause of action is being dismissed with prejudice, then the remaining cause or causes of action are still viable and the lawsuit would continue as to those items that were not subject to the dismissal with prejudice.

If there is more than one defendant in the lawsuit and the dismissal with prejudice did not apply to all defendants, then the lawsuit is still viable and can continue against the remaining defendants who were not named in  the dismissal with prejudice.

If the dismissal is without prejudice, it means the case can be reinstated in the future. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A dismissal with prejudice should preclude them from refiling the lawsuit, and you should be  able to make a motion to dimiss the suit to the judge on that basis. If it had been dismissed without prejudice, then the credit card company could file a new lawsuit. Ordinarily, when a party requests a dismissal, it is without prejudice; you should double check how this case was dismissed.


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