Dismiss with Prejudice Debt

Fighting a credit card lawsuit may not sound like the easiest task to take on but with the right help and resources a consumer who chooses to defend himself can get his case dismissed, even without the help of an attorney. If the defendant gets to a point where he can file a motion to dismiss debt from the creditor because they have not complied with the court rules, the court must see reason enough to grant the dismissal. That’s the only way the motion to dismiss will be granted.

Dismissal without prejudice indicates that a creditor can re-sue for the same debt. If it is with prejudice the creditor can no longer sue the debtor again for the same debt. Luckily, if the situation is ignored with prejudice then the defendant has pretty much won their legal fight and the creditor can’t file a credit card lawsuit for a similar debt ever again.

The creditor might have the advantage of agreeing to a dismissal without prejudice if the debtor agrees to settle the matter before going to court. This is why it is so important for those defendants receiving calls and threatening letters from debt collectors to respond appropriately, answer the credit card summons and not admit to anything before the actual case and before being 100% sure that there is evidence of the debt/accounts. If the defendant and the creditor had a “without prejudice” contract agreement and he or she does not comply with the terms of the settlement by failing to pay the money, the creditor has the option of suing him again over the original issue. An agreement between the parties to a dismissal with prejudice means the creditor is legally barred from bringing up the original issue of the debt before the court later on.

Should the debt lawsuit go to court and judgment is handed down, it is considered a dismissal with prejudice, but when settled out of court, the creditor is better protected if the debt is dismissed without prejudice. Defendants should always review their court rules.

Consumers defending themselves against a debt lawsuit should also remember that if the creditor filed the lawsuit and it was outside the statute of limitations, they can file a motion to dismiss the complaint. There is a significant difference between a request for dismissal with prejudice and a request for dismissal without prejudice. It is recommended that consumers who choose to battle collection agency lawyers are able to differentiate and make the motion that best protects their defense.


Additional Reading


Tags: ,