Credit Card Lawsuit: To Dismiss With or Without Prejudice

If say, the plaintiff failed to comply with a certain court rule, what happens? What step should you take to let the credit card lawsuit progress? The next step is to file a Motion to Dismiss against the creditor for not complying with court rules.

When involved in a credit card lawsuit and you file your first Motion to Dismiss against the creditor for failure to comply with a court rule note that plaintiff is given at least 30 days to amend the original complaint to comply with the court rule with the said rule they did not comply with. Filing a motion to dismiss a case is not readily granted unless the court sees enough reason to do so. So don’t expect the case to easily be dismissed with prejudice because regardless, creditors are given time to amend the complaint.

Without prejudice means that creditors can re-sue a lawsuit for the same debt. To do this, creditors just need to Amend their complaint to comply with court rules and the credit card lawsuit will proceed. On the other hand, prejudice means your credit can no longer sue you again for the same debt. Basically, when a case is dismissed with prejudice, the court battle is OVER, you WON the case and your creditor CANNOT file a credit card lawsuit for the same debt ever again.

Here’s a better motion. You can ask the court to order the plaintiff to comply with the court rule by amending their complaints within the 30 day period and if they failed to comply, ask for dismissal WITH prejudice. This strategy will give the plaintiff 34 days to amend the complaint and comply with court rules, which they are entitled to anyway, and WIN your case if they don’t comply. This will force the creditor to comply otherwise, they are done for.

The bottom line is, if you ask for dismissal without prejudice, what’s stopping your creditor from re-filing the credit card lawsuit? This is just one of the many important things you need to consider when you face a credit card lawsuit. For more tips on how to fight debt claims and win your case without the hefty legal costs, review your own state’s court rules and while you’re at it, look for valuable information online and offline. This way, you can defend yourself in court without even hiring an attorney and paying thousands of dollars on legal costs.