Filed a case in small claims. Then submitted dismissal without prejudice because the defendant played hard to get and had a friend of theirs living in their house while they went to southern California. Ready to file again. Would I need to file exact same statement and documents I submitted the first time? Or is there some form I can file that will make the case active again? How do I reactive a case dismissed without prejudice?
1 Answer from Attorneys
Unless the dismissal was made because of some kind of error, which it does not sound like it was, you will need to file a new case. A dismissal without prejudice is still a dismissal, it just means you can bring another case for the same things as the one you dismissed. The new case must still be brought (filed) within the applicable statute of limitations.