Legal Question in Civil Litigation in Alabama

I was being sued for non payment of my car and their lawyer requested case be " dismissed without prejudice"

What does that mean ?

Asked on 8/04/18, 12:05 pm

1 Answer from Attorneys

Rhonda Hood Hood & Lay, LLC

A court case that is dismissed without prejudice means that it is not dismissed permanently. It can be filed again, provided it is brought within the statute of limitations. If it is not being dismissed by agreement of the parties, but only the plaintiff, that usually indicates they feel there is a problem with the case such as their inability to bring forth all the necessary evidence to prove their case. If there request is not by agreement and you have already answered you can oppose the dismissal and force them to move forward with their case to have it decided on the merits. Once it is decided on the merits it can’t be brought again. If the dismissal is by agreement of the parties, you should demand the dismissal be with prejudice so it cannot be brought again.

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Answered on 8/05/18, 6:31 am

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