Legal Question in Credit and Debt Law in California
i was sued 2 years ago by a finance company. the attorneys for the finance co. did not show in court and the judge "dismissed the case by courts motion". Now 2 years later, the same finance company has different attorneys and they served me again. can they do this?
3 Answers from Attorneys
If the dismissal was "with prejudice" it will be no longer viable.
If the case was dismissed with prejucide, it is all over.
Usually a dismissal for failure to prosecute, like not appearing in court, is dismissed without prejudice. To dismiss with prejudice the judge has to give the attorney a chance to explain the failure to do something like show up for a hearing. Maybe the attorney was in an accident or ill or did not calendar the hearing. A dismissal without prejudice allows the case to be refiled but if the maximum time for filing suit (the statute of limitations) has already passed then you can defend the suit on that basis. Generally the statute of limitations is 4 years from the date of default on the loan contract but there are some exceptions that could extend the time limit to file a suit on a debt in writing such as a credit card contract.