Without prejudice means you can file again about the same issue you put in the Complaint you filed if you need to. Only use the term "without prejudice" when commenting upon, communicating or responding to a settlement proposal or offer.SAMPLE LUMP SUM SETTLEMENT OFFER LETTER​​ I propose the following settlement agreement. Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal. Current address, the Court may dismiss the action with or without prejudice for want of prosecution. F.R.Civ. (5) By the court, without prejudice, when either party fails to appear on the trial and the other party appears and asks for dismissal. Plaintiff further agrees that she will not attempt to refile the Civil Case, or any portion of it in the same or any other jurisdiction. A communication (whether written or oral)1 must be made in the context of genuine settlement negotiations to be "without prejudice". The court will not consider facts stated only in the motion.