Stipulation Discontinuing Action With Prejudice
Description
How to fill out Stipulation For Dismissal?
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FAQ
?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).
Lawyers call it a ?stip.? The stip gets filed with the Court to complete the case. If the case is settled by a loan modification, there will be a stip of discontinuation. The borrower/homeowner will want the stip to be ?with prejudice? which means that the lender cannot sue again based on the same loan default.
This document must then be signed by all the attorneys in the case which confirms that the case has been ended voluntarily. In New York, this document must be filed in court together with a filing fee. It officially lets the court know that the case is over and they can close the court file.
In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever.
The stipulation of discontinuance is signed by the plaintiff stating the case is now over, and the defense also signs it before filing it with the court.
