Legal Question in Credit and Debt Law in California

case dismissed without prejudice
I was sued by a third party debt collector (CACV). I defended myself and after 18 months I won the case. The case was dismissed without prejudice. Now, 4 months later they are suing me again with the exact same causes of action and the same BS documents. When answering the complaint can I make a reference to the previous case? Also, what exactly is abstract of judgement, how do I get it from the court? Is the judge required to explain the reasoning behing her decision. The only document I have received from court (after the first case) said that the case was dismissed without prejudice.

Asked on 1/14/08, 2:11 pm

Joel Selik www.SelikLaw.com

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Re: case dismissed without prejudice

I would file a demurrer not an answer.

Answered on 1/14/08, 2:14 pm

Robert F. Cohen Law Office of Robert F. Cohen

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Re: case dismissed without prejudice

You could and should file a notice of related cases. The case might then be assigned to the same judge as the original.

You should also look at the statute of limitation issue, whether the debt might no longer be collectable.

If the debt is a credit card debt and you prevail, you might be entitled to attorneys' fees.

Answered on 1/15/08, 3:55 am

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