Legal Question in Civil Litigation in Maryland

If you file a small claim in the District Court of Maryland for St. Mary's County, and it was dismissed with prejudice because you filed it incorrectly and sued the wrong person, can you file a new small claim in the District Court of Maryland for St. Mary's County, now that you have learned how to file it correctly and know the right person to sue and are within the statutory time limit?


Asked on 3/18/14, 7:05 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

You can file against the correct person if that person was not a party to the dismissed suit. When a suit is dismissed "with prejudice", it means you can't refile against the defendants named in that case. Ordinarily, a technical defect in a pleading will not result in the suit being dismissed with prejudice.

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Answered on 3/19/14, 7:04 am


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