Legal Question in Credit and Debt Law in Maryland
Double jeopardy
I went to court for non-payment of a credit card dedt and the lawyers for the credit card company failed to show..the case was dismissed..norw the credit card company is filing another case against me..can they do this??? thanks
Asked on 11/19/06, 9:09 pm
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
Re: Double jeopardy
It's not double jeopardy - that only pertains to criminal cases. But if it was dismissed with prejudice (which it should have been if you were there and they were not), then it is res judicata (a matter previously adjudged), and cannot be brought again. You need to defend by asserting that defense and proving it by properly presenting the record of the prior case.
Answered on 11/19/06, 11:32 pm