If you do not reset your case at least five (5) days before the court date, or, appear at the hearing, the court will dismiss your case without prejudice. Without prejudice and with the court retaining jurisdiction (Code Civ.The dismissal can be filed with or without prejudice. If the dismissal is filed with prejudice the litigant cannot sue again on the same cause of action. This forms asks the court to dismiss the case. The form says "with prejudice" or "without prejudice. What Is a NonDischargeable Debt in Tennessee? What Is a Nonsuit Without Prejudice? I am writing to inform you that I disagree with all debts you are collecting on or are placed with your company, in my name. The reason the creditor dismissed the case without prejudice is so that IF you do not get a bankruptcy discharge the creditor can refile.