Legal Question in Personal Injury in California
A dismissed case?
So my friend is being sued even after the case was dismissed. Is this even possible? In fact the Lawyer that is doing this case is trying to garnish there wages even after the dismissal. Isnt this extortion.
2 Answers from Attorneys
Re: A dismissed case?
I am a bit confused. Your friend was sued and the case dismissed? Why? Under certain circumstances, a case can be filed a second time. There is no "double jeopardy" as you find in criminal cases. If you can tell us why the case was dismissed, you can probably get a more precise answer.
Re: A dismissed case?
What you describe is not extortion, and it may be perfectly proper.
A case can be dismissed either "with prejudice" or "without prejudice". If it is dismissed without prejudice the plaintiff is allowed to re-file.
Even if the case was dismissed with prejudice, that dismissal would only bar a second attempt to enforce the same claim. A different lawsuit alleging different (even if similar) claims would not be barred.
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