 | 
08-25-2006, 07:22 PM
| | Junior Member | | Join Date: Aug 2006 Location: Texas
Posts: 5
| | | Resetting already dismissed case
What is the name of your state? Texas
I went to court twice to dispute a bad debt claim. At the second court date, the plaintiff did not appear and the case was dismissed for "want of prosecution". Six weeks later, I receive notice that the case has been reset. Is it possible to reset a case after it's dismissal and, if so, what does this do to the SOL. When the case was originally filed, it was within the statute, now it is not. Please advise.What is the name of your state? |
08-25-2006, 07:45 PM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | | The original case was dismissed. So that means they had to file a NEW lawsuit to get it docketed. The SOL would now apply to the NEW lawsuit as long as the SOL had expired before they re-filed.
__________________
"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
|
08-26-2006, 09:52 AM
| | Junior Member | | Join Date: Aug 2006 Location: Texas
Posts: 5
| | | Thanks for your reply. The docket case # remains the same and that is what worries me. I assumed, in agreement with your post, that they would have to re-file the case and that the SOL would now have expired. |
08-26-2006, 10:21 AM
| | Senior Member | | Join Date: Nov 2005 Location: Alabama
Posts: 2,106
| | | You need to go to the courthouse and get copies of the file. Sounds like the court set aside the dismissal after the plaintiff filed a motion to have the judgment set aside. |
08-26-2006, 03:56 PM
| | Junior Member | | Join Date: Aug 2006 Location: Texas
Posts: 5
| | | Hasn't reached the judgement phase. The plaintiff simply didn't show up for the trial and the judge ordered a dismissal, which I received in the mail. Six weeks later, we're back on the docket with the same case #. |
08-26-2006, 04:24 PM
| | Senior Member | | Join Date: Nov 2005 Location: Alabama
Posts: 2,106
| | | A dismissal is judgment. It appears that the plaintiff filed something or there was a clerical mistake in the clerks office in reinstating the case or in sending out a notice without realizing the case was dismissed. You will have to go to the courthouse and pull the file to see. |
08-26-2006, 05:02 PM
| | Junior Member | | Join Date: Aug 2006 Location: Texas
Posts: 5
| | | Thanks for your reply. Will check with the court's administrator next week. Still not sure what motion could be filed that would re-open an already dismissed case? Would think, at the very least, that a new suit would need to be filed. Would also think I would be made aware of any new motion by entered by the plainitff. Any thoughts? |
08-29-2006, 07:28 PM
| | Junior Member | | Join Date: Aug 2006 Location: Texas
Posts: 5
| | | Reviewed the file of my case and discovered that the creditor filed a motion to re-open the case and had a hearing without me being notified. The judge granted the request to re-set. Was advised that my only recourse is to file a new motion to review the previous motion to re-set and advise the judge that I was not notified of the hearing. Any advice? | |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes | Rate This Thread |  Linear Mode | | 
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off | | | |
All times are GMT -5. The time now is 05:11 AM.
