Legal Question in Civil Litigation in South Carolina

We filed a fraud lawsuite against our financial advisors but it is getting way too expensive for us to carry. We are in the process of losing our home and income is small. This suit has been going on since 2008. We have elected to drop the suit and have had a document sent to us from the opposing attorney which says "Stipulation of Dismissal with Prejudice." What does this mean? Thank you.

Leanne


Asked on 9/03/10, 6:44 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

A stipulation is an agreement between the parties. Dismissal with prejudice means you will not be able to raise the same allegations in a subsequent lawsuit.

It sounds like you do not have a lawyer. You should get one *before* you decide whether to sign the stipulation so you can get advice about the consequences of doing so. If you aren't careful, you could be ordered to pay the other side's attorney fees, court costs and/or other expenses. You could also leave yourself open to a lawsuit for abuse of process. There may be other adverse consequences, too, and some will depend upon what else the stipulation says.

You need to be *very* careful. Remember that the lawyers who wrote the stipulation are trying to protect their clients, not you. There may be all sorts of landmines in your path which you would overlook unless you get the advice of a local attorney.

Good luck.

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Answered on 9/08/10, 12:29 pm


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