Legal Question in Credit and Debt Law in California

In a consumer Credit lawsuit against me, the first lawsuit was Dismissed without Prejudice. About 1 yr. later, the same law firm filed a second time for the same Creditor/Debt and again just before the Case Hearing filed for Dismissal without Prejudice.

Do I need to file a motion to Dismiss With Prejudice (or another form) since this was the second lawsuit filed? I have checked the Case Summary online and it States "Dismissed", is this "With Prejudice" no matter what the Plaintiff/Law Firm Motion for Dismissal Without Prejudice for my case?

Simply put, is this case now Over Completely and cannot be refiled again against me/the defendant? How do I confirm whether this case has been dismissed "with" or "without prejudice"?


Asked on 2/17/10, 1:37 pm

1 Answer from Attorneys
C. Coulter Mulvihill Cynthia Coulter Mulvihill, Esq.

Thank you for using LawGuru.

I noticed that you are in Long Beach. If the collection case was filed in Los Angeles County, you can go to the LA Superior Court website at http://www.lasuperiorcourt.org/. On the left hand side of that web page, there is a secction called LA eCourt On Line. Click on Civil Case Documents. You will be asked to enter the Case Number (with the two letter prefix) and your credit card information. For around $5, you will be able to view the actual dismissal, if the Court scanned it in.

If the case has not been scanned by the Courts, you can go to the appropriate courthouse and look at the file yourself. There are also attorney services that will do this for you for a fee.

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Answered on 2/22/10, 6:24 pm


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