Legal Question in Credit and Debt Law in Pennsylvania

A person wrote me a bounced check of $1013. The person was a NY resident when he issued me the check, and after issuing the check, moved to PA. After the check bounced, I filed a case in the NY small claims court. The person wrote to the court saying he is a resident of PA now. So the judge "dismissed without prejudice" the case, saying that he doesn't have jurisdiction over this case. I have obtained the person's address in PA. Can I file the case again in his local county small claims court...or is it that once dismissed, a case cannot be filed ever again?? The fact that the case was dismissed "without prejudice" probably means that it can be filed again, but I'm not sure. I don't want to take the trouble of going all the way from NY to PA for the hearing and then be told that the case isn't admissible. I'll appreciate any advice in this matter, because $1000 is a large amount for me. Thank you.


Asked on 8/26/10, 12:40 pm

1 Answer from Attorneys
Cary Hall Law Offices of Cary B. Hall, L.L.C.

Yes, "without prejudice" means that you can file your suit against the debtor again -- and now in Pennsylvania.

Best of luck to you in collecting on this debt. Feel free to contact me offline to further discuss if you like -- especially if you will be filing suit in southeastern Pennsylvania.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com

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Answered on 9/01/10, 11:18 am


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