Tex2020 Posted June 17, 2021 Report Share Posted June 17, 2021 We were schedule for a hearing last week and the plaintiff no showed. Judge dismissed without prejudice my question is 4 year SOL expired in Dec 2020, suit was brought against us in November of 2017 within the SOL. Can plaintiff still refile within the time period which I believe is 30 days even thought the SOL has expired? Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted June 17, 2021 Report Share Posted June 17, 2021 Can they, maybe (and it will take a member more knowledgeable in Texas law to know that). Will they, probably not. They spent 3 years dealing with this case only to have it dismissed. I doubt they are going to spend more money when there are easier targets to be had. Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 17, 2021 Report Share Posted June 17, 2021 2 hours ago, Tex2020 said: We were schedule for a hearing last week and the plaintiff no showed. Judge dismissed without prejudice my question is 4 year SOL expired in Dec 2020, suit was brought against us in November of 2017 within the SOL. Can plaintiff still refile within the time period which I believe is 30 days even thought the SOL has expired? Contact an attorney and ask. Sometimes when a lawsuit is dismissed, it’s as if it was never filed. Therefore, the statute of limitations will have expired. Howevet, a “saving statute” (if TX has such a statute) could allow the plaintiff to refile within a certain amount of time after dismissal. An attorney could tell you for sure. Perhaps @texasrockerwill chime in. Quote Link to comment Share on other sites More sharing options...
texasrocker Posted June 17, 2021 Report Share Posted June 17, 2021 5 hours ago, BV80 said: Contact an attorney and ask. Sometimes when a lawsuit is dismissed, it’s as if it was never filed. Therefore, the statute of limitations will have expired. Howevet, a “saving statute” (if TX has such a statute) could allow the plaintiff to refile within a certain amount of time after dismissal. An attorney could tell you for sure. Perhaps @texasrockerwill chime in. I have never heard of that happening. The only thing that even comes close that I am aware of is Tex. Civ. Prac. & Rem. Code 16.064 which states that if the case was dismissed for having been filed in the wrong jurisdiction it can within 60 days be refiled in the proper one. It seems to me that after 3-1/2 years it should have been dismissed for want of prosecution anyway. To the OP- what do you mean by "judgement case"? What law firm is it and what is the history of the case, i.e. hearings, motions filed, rulings etc? Quote Link to comment Share on other sites More sharing options...
Tex2020 Posted June 18, 2021 Author Report Share Posted June 18, 2021 @texasrocker Appreciate your feedback. Law Firm is Rausch Sturm, representing Crown Asset. Served back in October of 2017, responded with a general denial of everything and asked that the court renders judgement that plaintiff takes nothing. We set a hearing for defendant no evidence motion of summary judgment in May of 2018. They filed a motion for summary judgement, we agreed to move the hearing to June 2018. At that hearing court grants defendants objection to plaintiffs summary judgement evidence and denies the plaintiff's motion for summary judgement. The court also denies the defendants no evidence motion for summary judgement. Next action was a year later, set for docket dismissal, they filed a motion to retain that was granted. Then 2 years later it was set for dismissal docket again, Rausch filed motion to set hearing which was granted this month. We showed up and they did not, judge ruled dismissed without prejudice. Quote Link to comment Share on other sites More sharing options...
texasrocker Posted June 18, 2021 Report Share Posted June 18, 2021 2 hours ago, Tex2020 said: @texasrocker Appreciate your feedback. Law Firm is Rausch Sturm, representing Crown Asset... So the court indeed began the process of dismissal for want of prosecution twice and both times gave them another chance to prolong it. It's hard to believe that this law firm got up off of their lazy butts and did anything at all after receiving your general denial, much less showed up for a hearing. In the vast majority of cases filed by them they are never heard of again after receiving notice that the defendant is actually not going to give in to their expectations of a default judgment. I don't see any reason that you cannot rest assured that this is now in the history books. I cannot imagine this having occupied one's mind for 3-1/2 years- what a relief! Also congratulations for defeating their MSJ. That was also my first major milestone in my first case back in 2012. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted June 18, 2021 Report Share Posted June 18, 2021 I doubt that they are going to file again, even if they are allowed to. They stopped caring about the case in June 2018 when they lost their bid for a summary judgement. They could have gotten the paperwork to prove the debt and did not bother to get it. Instead, they successfully renewed the case twice and then never did anything after that. I doubt they could refile at this point and even if they could, I doubt they are going to. Again, they wanted the easy default or summary judgement and did not get it. They have since turned their efforts towards easier targets. Quote Link to comment Share on other sites More sharing options...
Tex2020 Posted June 18, 2021 Author Report Share Posted June 18, 2021 @texasrocker @WhoCares1000 Thanks so much for the input. I assumed that they had basically given up, but took one more shot to see if I did not show up and get an easy judgement. Since this is out of SOL now, I am considering filing a memorandum of cost and going after them to recover my attorney fees. Anyone had any success with that? Quote Link to comment Share on other sites More sharing options...
Ashley Ann Posted June 23, 2021 Report Share Posted June 23, 2021 Can someone please help me? I was served last night. Also Rauschenberg Sturm on behalf of Portfolio Recovery Associates. The amount is for $3970. I tried to settle with them back in March 21 for $2200 and they laughed at me. Then offered $2500 a couple weeks later and they denied the settlement offer. I would like to respond to the court but have literally NO idea where to start. I also no longer have the money, as I used it to settle other debts that would work with me. They are the only debt I have left at this point. I have disputed it through the credit bureaus as well but didn’t work. Desperate for help please. @texasrocker you seem to be very helpful. Could you help me please? Thank you. Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted June 23, 2021 Report Share Posted June 23, 2021 1 hour ago, Ashley Ann said: Can someone please help me? I was served last night. Also Rauschenberg Sturm on behalf of Portfolio Recovery Associates. The amount is for $3970. I tried to settle with them back in March 21 for $2200 and they laughed at me. Then offered $2500 a couple weeks later and they denied the settlement offer. I would like to respond to the court but have literally NO idea where to start. I also no longer have the money, as I used it to settle other debts that would work with me. They are the only debt I have left at this point. I have disputed it through the credit bureaus as well but didn’t work. Desperate for help please. @texasrocker you seem to be very helpful. Could you help me please? Thank you. Please start a new thread and give more information, such as what state you are in, what sort of court, and the original creditor. Based on what you have given us so far, all I can advise is for you to answer the complaint. 1 Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.