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Subject: Dismissed w/o Predjudice

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KrystalA
(Iowa)

Posts:59

05/12/2008 7:42 PM
Our association filed a small claim against a home ower for being behind on dues. They haven't paid since they moved in 9 months ago. The former management company refused to go after them (one reason we fired them) and happily the new company did. However while checking court cases online - it shows that case as "dismissed w/o prejudice." Anyone here know what that means exactly - simply put does this mean we won't ever get our money from this person?

MicheleD
(Kentucky)

Posts:1575

05/12/2008 8:00 PM
I don't think it means that at all. It sounds more likely that there was some technical issue (maybe a court date was missed?) and the case was dismissed without any discussion of the merits, however, the ability to re-file appears to be intact with the "without prejudice" designation.

RogerB
(Colorado)

Posts:3657

05/12/2008 9:09 PM
Krystal, when a lawsuit is dismissed, the court may enter a judgment against the plaintiff with or without prejudice. When a lawsuit is dismissed without prejudice, it signifies that none of the rights or privileges of the individual involved are considered to be lost or waived.

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

KrystalA
(Iowa)

Posts:59

05/13/2008 7:20 PM
Thanks to both of you. Upon further investigation, everything worked out at the last minute with a stipulation and that was met.

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Forums > Homeowner Association > HOA Discussions > Dismissed w/o Predjudice

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