If I was served a summons for defaulting on a personal loan by the creditor and appeared in court but the plaintiff did not, can they re-file?

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If I was served a summons for defaulting on a personal loan by the creditor and appeared in court but the plaintiff did not, can they re-file?

The case was dismissed with prejudice. I have since made arrangements with this creditor and I missed a payment. Can they refile and obtain a judgement and then garnish my wages?

Asked on June 12, 2012 under Bankruptcy Law, California

Answers:

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

Answered 9 years ago | Contributor

Since the case was dismissed with prejudice, this means it cannot be reinstated.  The plaintiff cannot re-file the lawsuit.  The plaintiff cannot sue again on the same case. 

If the case had been dismissed without prejudice, it could have been reinstated in the future.


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