Legal Question in Credit and Debt Law in Arizona

Refiling a case

If I file a case and it is dismissed in one court (failure to appear) and the motion to vacate dismissal was denied, can I go to another court in the same county and refile for the same case? It was to collect a debt


Asked on 3/01/07, 5:50 pm

1 Answer from Attorneys

Re: Refiling a case

Generally, if it was "dismissed without prejudice" it may be possible to refile the complaint. Other factors like statute of limitations may otherwise preclude you from re-filing.

If it was "dismissed with prejudice", then it is not likely that will not be able to refile, since you have already been denied the "motion to vacate."

To be sure and protect your rights, you should consult with an attorney to review the documents that you have from the court, and so that you make sure and do it right this time.

Best of luck

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Answered on 3/01/07, 7:29 pm


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