Q: In my civil case the attorney didn’t show up in the Plaintiffs behalf and the judge ruled a dismissal without prejudice
I have received court papers stating that. Can I stop making good faith payments?
A: You don't HAVE to make payments at all. But since the dismissal was without prejudice, the plaintiff may, if it chooses, re-file the case and get a judgment. If so, it could attempt to collect by garnishment and by other means.
A: In a dismissal w/o prejudice, the attorney may file the case again, or the plaintiff could retain a new attorney. At worst, it's possible that discontinuing payments might violate your original obligations, or at best, could make you look bad before the court at a subsequent hearing if the case is refiled. A local attorney could advise more definitively after reviewing the matter - terms of the underlying agreement, plaintiff's summons and complaint, grounds on which you may object to making payments, conduct of both sides, statutes of limitations, and other possible issues. Good luck
A:
If your attorney did not show up, leading to a dismissal without prejudice, it means the case can be refiled in the future. You should consider the possibility that the opposing party might refile the case, which means your obligation might not be completely over.
Stopping good faith payments could be risky and might negatively impact you if the case is refiled or if it influences other aspects of your financial agreements. It's important to think about the potential legal and financial consequences before making such a decision.
It would be wise to consult with a legal professional about your specific situation. They can provide advice tailored to your case and help you understand your options and any potential risks involved.
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