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Whatevs1977
Apr 9, 2009, 07:06 PM
I received a notice of motion today from an attorney for Capital One.

The 1st page of the motion mentions the court date, time, location yada yada. The 2nd page is titled "Motion to dismiss cause". It says, "Now comes, the Plantiff, Capital One Bank, by its attorneys, and moves this court to dismiss this cause WITHOUT prejudice."

What exactly does this mean?

Thanks for your help!

shonyevone
Jan 16, 2010, 12:58 PM
To dismiss without prejudice means a case is dismissed but allows for another case to be filed on the same claim later on. So the attorneys for Capital one are asking the court to dismiss the motion mentioned on page one with the right to file another claim later on. Not sure who originally filed the motion them or you. If you want the motion heard you may need to file a responsive motion you self. You may want to check with an attorney on that or even call the self help center for your county. Some countys sometimes have workshop you can attend. Hope this was helpful.