Motion for Nonsuit in Texas
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A Motion for Nonsuit is what a creditor typically files to dismiss a lawsuit. The motion is usually filed “without prejudice“. This means that the Plaintiff is voluntarily giving up on their case but they reserve the right to re-file the case if they want to. Creditors may not file the lawsuit again but they often will if it is within the statute of limitations for collecting a debt. Thus, if a creditor dismisses a lawsuit against you, they may have the right to sue you again in the future.
It is important to understand that if someone is telling you that they will “defeat” a lawsuit or “win” a lawsuit, they are likely talking about a Motion for Nonsuit being filed by a creditor. At Weston Legal, we will not mislead you about dismissals and nonsuits and if we are defending a case that is nonsuited or dismissed by a creditor.
Just about the only way to get rid of a case forever is to win the case at trial with a take nothing judgmentor to settle the case and get a dismissal with prejudice. We will go over your case with you and determine the best solution. Often settlement of the lawsuit is the best way to go depending on the Court, the Evidence and your specific situation. We will go over your case with you and determine the best solution. Please call Weston Legal for a FREE consultation.