Legal Question in Credit and Debt Law in California
limited civil
my default judgment was vacated
but plaintiffs proposed order to
vacate has not been signed and
now plaintiff has requested a
dismissal w/out predjudice - should I
file proposed order to vacate
judgment and perhaps request
dismissal with predjudice?
2 Answers from Attorneys
Re: limited civil
Let sleeping plaintiffs lie. They have a right to a dismissal without prejudice. You might well have a right to sue for malicious prosecution and/or unfair debt collection practices, please call me or some other lawyer about this. Watch out for legal time limits.
Re: limited civil
A defendant does not have a right to obtain a dismissal upon request, either with or without prejudice. If that were the case, every defendant would simply request a dismissal after a lawsuit was filed against them.
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