I was sued on 11-06-08 for indebtedness (civil relief less than 10,000) without my knowledge by the plaintiff Capital One Bank credit card services... I was researching the OSCN site for my state when it showed this filing... My question is "What is dismissed without prejudice"... the case was dismissed without prejudice on 6-08-2009... the SOL for this type of open ended debt is 3 years for my state... Can they still sue me?

Without prejudice means the action can be brought again. SOL does not matter any longer since once a suit is filed the clock stops. But if they haven't reinstated suit since June 2009 I doubt if they are going to.

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Originally Posted by ScottGem

... SOL does not matter any longer since once a suit is filed the clock stops. ...

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I disagree. The first suit, in effect, never happened as far as the law is concerned. If it's been more than 3 years (assuming that's the applicable SOL) since the last payment was made, Capital One would be out-of-luck.

However that would only protect them from a Courts judgement and garnishment... it won't protect them from having it recorded on their credit reports or from collection agencies from hounding them until the day they die.

I will agree, since the case was dismissed the SOL should be in effect, but that merely means they cannot sue you in court, they may harrass you and try to collect for the rest of your life