Legal Question in Credit and Debt Law in New Jersey
I need a case dismissed With Prejudice in NJ by Civil Court in Trenton. Should I agree with Plantiff to dismiss case without prejudice or should I communicate with Judge and request that case to be dismissed with Prejudice.
Matter relates to Debt sold by Midland to Pressler and Pressler and has not been verified on part of the plaintiff and I am not sure if I ever had anything to do with the debt to begin with...
2 Answers from Attorneys
If you have filed an answer to the complaint, the case cannot be dismissed without your consent. One purpose of that rule is to prevent you from having to answer again for the same claim. So, assuming that you have answered, refuse to sign any stipulation of dismissal unless it is with prejudice. You may have to appear in court to answer the complaint but it sounds as if the plaintiff does not have enough to prove the claim.
See also: http://info.corbettlaw.net/lawguru.htm
short answer: a lawyer can help you deal with this lawsuit. Pressler is a huge organization that makes money handling these lawsuits. You are a novice trying to figure it out.