Legal Question in Civil Litigation in Maryland

dimissed case

A year ago I was sued by my dentist for fees he says I still owed. I arrived at the hearing in district court and he did not. The judge dismissed the case. Now, a year later I am receiving collection notices with threats to take me to court again. Can he take me to court again when the case was already dismissed? Can he continue to harass me?


Asked on 9/19/08, 3:34 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: dimissed case

If it is still within 3 years since you incurred the dental fees, or since you last made a payment, he can sue you again. That is because your court dismissal was "without prejudice", because it was dismissed for want of prosecution (i.e., he didn't show up). This means he can file again. But if it's been 3 years, then his claim is barred by the statute of limitations. If he nonetheless files a suit after the 3 year deadline, you can't ignore it, but you can move to dismiss it based on the statute of limitations.

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Answered on 9/19/08, 4:16 pm


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