With or without prejudice

[Resolution]

I have a trial date in two days for a credit card debt from my S-Corp business that was dissolved 3 years ago. The attorney/collection agency sent me a form "stipulation of dismissal without prejudice as to me personally. Also " notice under rule 77 waived. From what I have read, this "without prejudice " would allow them to file against me in the future. Is this true and should I sign this form without prejudice or should I make them change it to WITH prejudice?

 

[dee_dub]

From what I have read, this "without prejudice " would allow them to file against me in the future. Is this true

Without knowing where you are and the details of the pleadings in this case, it is impossible to say, but I suspect the answer is no. "Without prejudice" means there is no determination on the merits, so the lawsuit can be brought again. "With prejudice" means there is determination on the merits, so it cannot be brought again. I suspect neither reflects on their ability to bring a lawsuit against you personally.

should I sign this form without prejudice or should I make them change it to WITH prejudice?

Well, if you can get them to change it, more power to you. I don't see why they would.