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Credit Card Lawsuit Dismissed For Want of Prosecution


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#1 ExperiancedConsumer

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Posted 07 November 2012 - 10:00 PM

I had a lawsuit to be served on a credit card contact but never served, This is in Dallas Texas and the case was dismmissed for want of prossection and case shows closed on the county records and I received the order of dismmisal from the court. Later I was served by placing on ny door and an order of substitute services was entered into the count recurds but the case still indicate case is closed. So is this screw up or is the case closed or still on going?

#2 GuessAgain

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Posted 07 November 2012 - 11:51 PM

Unless it was dismissed "with prejudice," the suit can be refiled at any time prior to the expiration of the statute of limitations. Since you weren't served with the initial civil complaint and that was the reason for the dismissal, it's highly unlikely the first case was dismissed with prejudice.

#3 adjusterjack

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Posted 08 November 2012 - 05:17 AM

I had a lawsuit to be served on a credit card contact but never served, This is in Dallas Texas and the case was dismmissed for want of prossection and case shows closed on the county records and I received the order of dismmisal from the court. Later I was served by placing on ny door and an order of substitute services was entered into the count recurds but the case still indicate case is closed. So is this screw up or is the case closed or still on going?


It's ongoing.

If you are comparing an online docket to the case file, the online docket will eventually catch up to the filings.

Now that you have been served with the complaint you need to respond to it or likely end up with a default judgment against you.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#4 FindLaw_Amir

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Posted 08 November 2012 - 02:25 PM

Have you contacted the court to address this matter?
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