Is it possible to change an dissmissal without prejudice to with prejudice if you have proof that charges will never be refiled?

Asked over 1 year ago - East Orange, NJ

My current living conscious filed an eviction against me for non payment of rent. But when I went to court the lawyer and I worked out a payment plan and the charges were dismissed. Now my complex is shutting down and I have to find a new living arrangement. But I can not find another place that will accept me with the dismissal without prejudice. Is it possible to have it switched being that the complex is not going to be open anymore? What do I do?

Attorney answers (5)

  1. Mark Vincent Kuminski

    Contributor Level 7

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    Answered . Your question does not mention whether or not your payment plan is ongoing or has been completed. If you have completed making all of the payments, then contact the other party's attorney, and they should be willing to provide you with a stipulation of dismissal with prejudice. If the payments are still ongoing, then the other party may be relucatnt to provide you with a stipulation of dismissial with prejudice. In the alternative, they may be willing to provide you with a letter explaing that the parties have resolved the matter and that you are currently making payments in a timely fashion. This may be sufficent for your potential new landord.

  2. Jeffrey Ira Schwimmer

    Contributor Level 19

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    Answered . It is not possible to change the prior action's court marking. No doubt, your arrangement was made into a written "stipulation" (agreement) and signed by both parties; and the "without prejudice" was used so the landlord to whom you are to pay monies under the payment plan could go back to court if you later default under that plan. If you have paid off the entire monies owed under the payment plan, ask the attorney/LL for a written acknowledgement that you have fully satisfied the obligation and then use that document to show your new LL that there is no possibility that the action can be revived against you. Frankly, I don't think the problem is so much that no one wants to accept you because the action was "dismissed without prejudice"; it is more likely that the fact of the prior action having taken place raises the concern that you are a risk for not paying rent in the future. Good luck.

  3. Eugene P. Castagliuolo

    Contributor Level 16

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    Answered . Unless I'm missing something, it would seem that your obligation to pay rent will terminate when you are constructively evicted by your complex "shutting down." I seriously doubt that they will sue you for your future non-payment of rent after they constructively evict you, but if they do, you would defend on the basis I've stated (i.e. that you were displaced by the fact that they "shut down"). Good luck!

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  4. Mary Xinh Nguyen

    Contributor Level 8

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    Answered . No. The case was filed and part of the court records. You were evicted due to nonpayment of rent. The matter was settled. This does not take away the fact that you didn't pay rent. You can explain the situation to prospective landlords but it doesn't go away.

  5. Josh P Tolin

    Contributor Level 19

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    Answered . You did not mention whether you have paid up on your payment plan. If so, a satisfaction of judgment can be filed. That would act as a dismissal with prejudice, and show you paid your judgment. If another complex turns you down, because of non-payment or an eviction, that is their decision.

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