Can this insurance company file suit again and sue me after judgment?

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: 04/07/2025
• State: Iowa

Answer:

When a case is dismissed without prejudice, it is possible for the case to be refiled. The answer as to who can file a case will depend on the nature of the claim being made. Negligence is a tort claim, which falls in the category of civil law, rather than criminal law, and is able to be pursued by an individual or company by filing a complaint in civil court. A negligence claim may seek compensation for property damages resulting from the negligence. It is possible to sue in civil court for property damages.

Criminal charges require proof of criminal (wrongful) intent. If the claim is brought under a criminal vandalism statute instead of a civil claim, the company may bring charges with the police, but the case will be brought by the state. Criminal charges seek to punish a person, whereas civil charges seek compenation for loss.

The following is an Iowa criminal statute:

716.1 Criminal mischief defined.

Any damage, defacing, alteration, or destruction of property is criminal
mischief when done intentionally by one who has no right to so act.