Legal Question in Credit and Debt Law in New York

Hi there, I filed an answer with Civil court from debt collector who mailed me a summons back in August 09. This was my first time hearing from this company. Talked about an old debt from March 2004. Now I have a lawyer representing me on my case. Today I receive a Stipulation of Discontinuance letter from debt collector - they want to discontinue action against me. Do you believe my lawyer should have gotten this letter? What exactly does this phrase mean "without prejudice and without cost to either party"? The court date is set for next Friday.


Asked on 12/09/09, 1:55 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Yes, your lawyer should have received the letter.

Concerning the phrase "without prejudice", this means that the plaintiff may reinstitute the action at a later date. Therefore, you would want the action discontinued "with prejudice."

Mike.

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Answered on 12/14/09, 3:07 pm


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