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Attorney answers (2)
Reputation Level 20
Answered almost 2 years ago.
Lawsuit / Dispute Attorney in Chicago, IL.
Voluntary dismissal is under section 2-1009(a) of the Code of Civil Procedure (735 ILCS 5/2-1009(a) If the creditor has taken one voluntary dismissal, then next one must be with prejudice under 2-1009. And, ten years is the contract enforcement statute of limitation.
Good luck. The California lawyer does not understand the voluntary dismissal section here in Illinois so ignore his statement about res judicata. Issue preclusion is handled by the statute itself and he did not read the statute. God bless. www.brinkmeierlaw.com 1 person marked this answer as good
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Reputation Level 17
Answered over 2 years ago.
Immigration Attorney in Long Beach, CA.
Dear Sir/Madam:
If the case keeps getting dismissed, you should do a couple of things. What I'm telling you will apply in California. You should first request that the case be dismissed with prejudice so it cannot be refiled. Alternatively, you could file a motion to Dismiss based upon the legal principle of res judicata. If this person/company is simply trying to harass you, you might try to sue for malicious prosecution. Sincerely, Brian D. Lerner Attorney at Law 1 person marked this answer as good
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