Q: If a case has been dismissed voluntarily without judgement, how long does the plaintiff have to retry the case in MD?
The case is for credit card debt. Are there any typical reasons they would voluntarily dismiss the case without judgement?
If the dismissal is "without prejudice" then they can re-file suit so long as they do so within the original statute of limitations, which is 3 years in Maryland for typical credit card debt. The 3 years begins to run from the date the last payment under the credit card agreement became due which you did not pay, or 3 years from the date or your last payment, whichever is latest.
If the dismissal is "with prejudice" then they cannot refile and the case is forever barred. Most voluntary dismissals are without prejudice, unless it is part of a settlement agreement.
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