If I sued a company in small claims court and it was dismissed, can I sue the company again, this time for conduct I learned of during their testimony?

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If I sued a company in small claims court and it was dismissed, can I sue the company again, this time for conduct I learned of during their testimony?

I contacted a company to make a purchase and they referred me to a local representative for assistance. I purchased the goods and services from the representative but the company failed to deliver everything I was told I would receive. I sued the company for breach of contract. The case was dismissed because I could not produce evidence of a contract between me and the company. The company testified that they had no relationship with the local dealer to whom they referred me. Can I now sue for fraud since the company misled me at the start about their relationship with the 3rd party?

Asked on July 28, 2012 under General Practice, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not you can pursue a second lawsuit in small claims court against the company that you sued where the action was dismissed depends whether the dismissal was with prejudice or without prejudice.

If the dismissal order states the case was dismissed with prejudice, you cannot refile. If it was without prejudice, you can refile subject to any statute of limitations defenses.


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