Dismissed w/o Predjudice

Started by KrystalA • 3 replies • 1350 views

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KrystalA (Iowa)
Posts: 60

Posted:

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: 4,491

Posted:

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: 5,067

Posted:

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.

KrystalA (Iowa)
Posts: 60

Posted:

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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