Lake Butler, FL asked in Car Accidents and Personal Injury for Florida

Q: Can someone sue me for a car accident after it was dismissed with prejudice?

In 2014 I was in an at fault car accident. It was later resolved with a dismissal with prejudice. I just found out my license is suspended and when I called they told me I had a lawsuit against me for the accident. I looked up the florida court records and they had opened a new lawsuit against me that I knew nothing about. Is there anything I can do to fix this besides giving them over $60,000 that I don't have to give?

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: If the second suit is for the same incident and same claimed damages, a motion to vacate the judgment in the second suit should be filed and set for hearing before the judge currently assigned to that case number. You must compare the complaint filed in the first suit to the one filed in the second suit to confirm it was an invalid second bite at the apple. Aside from that issue, there's the issue of why you never knew of the second suit before now. The file in the second suit would reflect why it was presumed that you were validly served with process, with no response from you, and a legal defect might be seen there.

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