Legal Question in Credit and Debt Law in California

Dismissing a Case Without Prejudice..

I am the defendant in a debt collection case. The court dismissed the case without prejudice. I read that this means I can be sued in the future for this same case.

Is there a statute of limitation? Or does it revert back to the original 4 year limit that someone can sue after the last payment on a debt?

Hopefully someone will answer these 2 questions for me..


Asked on 5/01/08, 10:45 am

1 Answer from Attorneys
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Dismissing a Case Without Prejudice..

The limitations statute will be four years from the last breach of your performance to pay, in all likelihood. Remember, however, that they can still sue you after the four year period: The statutes of limitation are an affirmative defense that must be raised in your Answer to the lawsuit, or they are waived.

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Answered on 5/01/08, 12:37 pm


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