November 10, 2012

Credit Card Lawsuit Dismissed For Want of Prosecution

Q - 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?

A - 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.

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.