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teach4560
Aug 1, 2013, 05:14 AM
I had a hearing to try to evict me from my home back in February.The judge ruled that it was to go to trial in April and gave me all the paperwork to be completed and sent to the clerks office by March 30th.At the end of February I receive a letter from the Plantiffs attorney notifying me that they were notifying the clerks office that there would be no trail because they were dismissing the case without predjuice.Now 6th months later with a new attorney they are starting the process again.Can they do this and what are my legal rights?If one attorney dismisses the case it doesn't seem right that another one can start the process again.Also what is the statue of limitations for these cases?

ScottGem
Aug 1, 2013, 05:32 AM
First, its not a good idea to piggyback your question on another thread. To avoid confusion I've moved your question to its own thread.

Yes, "without prejudice" means the suit can be reinstated at any time. Statute of Limitations doesn't apply here. An eviction action occurs to remove someone from property they do not own. So, as long as they occupy the property, such an action is valid.

Why were you being evicted? Is rent up to date?

Fr_Chuck
Aug 1, 2013, 07:00 AM
It appears you do not own the property you are living at. You either rent or owned and have been foreclosed on.

You have not described the reason why they wish to evict you, and who is the owner of the home.

There are no SOL on evictions, it is also an ongoing issue, since every month illegally living on a properly is a new issue.

But the judge dismissed without prejudice, which means they can file a new suit anytime.

Most evictions are accepted and will happen, there is little defense to them. You have given no information on this