Legal Question in Credit and Debt Law in Florida
I had a credit card debt lawsuit dismissed in county court recently "without prejudice" and I would like to know if I can ask the court to dismiss the case "with prejudice" so that they cannot re-file against me for the same issue? I understand that the law firm Mann Bracken, the people who filed against me recently had to close their doors due to legal shanghais they were involved in concerning debt collection. They contact me twice at work after I specifically directed them not to contact me on the job. Do I have ground for dismissal with prejudice? If so, can I just make a request to the court?
2 Answers from Attorneys
You may ask for a dismissal with prejudice, but I did not hear your grounds for such dismissal (with or without prejudice). Is your argument that the plaintiff's attorney committed fraud on the court? That's a pretty good one if you have the substantive basis to ask a court to say 'get out and don't come back' (the with prejudice dismissal). Without knowing your grounds for dismissal, or the pleadings, that's the best I can do.
Check out my web site on collection violations and sample forms to determine if the firm violated your rights by calling you at work and how to stop them from calling you. In addition, grounds to dismiss for prejudice may be found in the statutes provided therein.
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