# plaintiff dismissal (foreclosure)

**URL:** <https://boards.straightdope.com/t/plaintiff-dismissal-foreclosure/505123>\
**Category:** Factual Questions\
**Created:** [August 3, 2009, 3:33am UTC](https://boards.straightdope.com/t/plaintiff-dismissal-foreclosure/505123 "2009-08-03T03:33:54Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![BigBertha](https://avatars.discourse-cdn.com/v4/letter/b/d78d45/32.png) [@BigBertha](https://boards.straightdope.com/u/BigBertha)\
**Post date:** [August 3, 2009, 3:33am UTC](https://boards.straightdope.com/t/plaintiff-dismissal-foreclosure/505123/1 "2009-08-03T03:33:54Z")

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Any lawyers here might know this. My home is in foreclosure, has been for two years actually. Got a notice in the mail which says Now comes the plaintiff and gives notice of the voluntary dismissal of its complaint, which dismissal shall be without prejudice, and without record, at plaintiffs costs.  
What does this mean?

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**Author:** ![Campion](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@Campion](https://boards.straightdope.com/u/Campion)\
**Post date:** [August 3, 2009, 5:23am UTC](https://boards.straightdope.com/t/plaintiff-dismissal-foreclosure/505123/2 "2009-08-03T05:23:16Z")

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I’m not your lawyer; you’re not my client. You’re asking about general legal information, which I’ll provide, but you rely on it at your peril.

> [@Tamara+](#):
>
> Now comes the plaintiff

Hello. I am the plaintiff in this case.

> [@Tamara+](#):
>
> and gives notice of the voluntary dismissal of its complaint,

You should know that I, the plaintiff, have voluntarily dismissed my lawsuit.

> [@Tamara+](#):
>
> which dismissal shall be without prejudice,

I’ve dismissed it now, but I’m reserving the right to refile my lawsuit at some point (I know that if I do refile, it’s a new lawsuit subject to all the usual defenses, including statute of limitations).

> [@Tamara+](#):
>
> and without record,

Don’t know what that means.

> [@Tamara+](#):
>
> at plaintiffs costs.

I’ll pay my own court costs to this point; I’m not going to be asking for someone else like the defendant to pay for my court costs to this point.

What this all means as a practical matter in the context of your lawsuit I won’t speak to.
