Legal Question in Credit and Debt Law in California
Can a person sue another person 2 times for the same reason 1 week apart in the
I am being sued for an amount said owed,The plaintiff served papers with my 4 yr old daughter as defendant and husband co defendant. the next week papers were served again with both parents name, both cases are for the very exact reason except a 30.00 difference for court cost. My husband and I showed up to court for my 4 year old daughter and plaintiff did not show up, case dismissed. At first it appeared to be two different cases for two different amounts, but actually plaintiff made an error in suing a 4 yr old and filed again on both parents. We could have resolved this matter on first court date, now I have to go back again. Is a person allowed to do this ? just make a mistake never let the courts or other party know and just re file a new case with the correct names . thanks
1 Answer from Attorneys
Re: Can a person sue another person 2 times for the same reason 1 week apart in
Unfortunately, while it is not good practice to do so, a plaintiff can generally dismiss an action and refile. (I am assuming your are inquiring about a small claims court case.)
However, if the case was pending when you went to court (i.e., the plaintiff had not dismissed the case), you should check to see if the case was dismissed with or without prejudice. If the case was dismissed "with prejudice," that means that the plaintiff should not be able to refile against the same parties again based upon the same facts that existed when the first case was filed. However, if the case was dismissed "without prejudice," another lawsuit can be filed.
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