Full question:
I had a small claim suit filed against my minor son, and I. He had gotten into some trouble with some other kids, stole some things from a school, and the schools insurance company sued all the parents for the replacement items. Well, we were served from the insurance co. because I got behind on pmts. I contested the papers because I wanted to go to trial to explain why, and because I felt my sons father should pay 1/2. Well, Monday am was the trial time, and the insurance co. did not appear. The judge ordered a 'dismissal without prejudice @ the Plaintiff's costs.' Can this insurance company file suit again and sue me? They are threatening to go after me and my son for negligence and vandalism now? Isn't that a criminal charge that the police would have to do?
- Category: Civil Actions
- Subcategory: Dismissal
- Date:
- State: Iowa
Answer:
When a case is dismissed without prejudice, it means the plaintiff can refile the case later. The insurance company can pursue a civil claim for negligence, which seeks compensation for damages. Negligence is a tort claim, not a criminal one, and can be filed by individuals or companies in civil court.
Criminal charges, such as vandalism, require proof of wrongful intent and are pursued by the state, not the insurance company. If the insurance company believes there was criminal behavior, they would need to involve law enforcement to file charges. Criminal mischief is defined as intentionally damaging property without the right to do so (Iowa Code § 716.1).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.