Legal Question in Credit and Debt Law in New Jersey

Warrant of Dismissal w/o Prejudice

Suit was brought against me in April by an attorney representing Arrow Financial. It was relative to their efforts to collect a cc debt that I disputed due to shoddy service. I responded to the complaint and requested a jury trial which was scheduled. I have since received a Warrant of Dismissal Without Prejudice, where the attorney claims ''the matter...having been amicably adjusted by and between the parties, it is hereby stipulated and agreed that the same be and it is hereby dismissed without prejudice and without costs to either party.''

The truth is I have never evn spoken to the attorney so nothing was amicable about this.

My concern is that the attorney can again file suit. Can I, or should I, force the attorney to dismiss with prejudice? Can I go to the Court and advise them of the misstatement in the court filing.

Suggestions would be appreciated. The amount in question is $2700 and it is in the equivalent of Small Claims court in the State of New Jersey.

Would it be worthwhile to get representation to bring this to a conclusion?


Asked on 6/03/07, 5:58 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Warrant of Dismissal w/o Prejudice

You can object to the dismissal without prejudice and see what the judge does with it. The plaintiff does not have the right to have the matter dismissed without a signed stipulation indicating your agreement without a court order.

Your concerns about hearing about this matter again unless it is resolved now are justified. You almost always have a better chance of success if you have a lawyer. Whether representation in a Small Claims action is worthwhile is up to you.

If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 6/03/07, 10:37 pm


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