Legal Question in Credit and Debt Law in Texas

Received Notice of Nonsuit Without Prejudice

I received a letter from a law firm in George for a Notice of Non-suit Without Prejudice for a credit card debt that I stopped paying on in 1999-2000. The debt was placed with a collection agency who made collection attempts. The collection agency is the plaintiff and the letter states that the agency ''non-suits without prejudice all of its claims against Defendant without an Order from the Court'' and takes effect upon filing. It goes on to say that the Plaintiff understands that this cause is being dismissed without prejudice to the right of the Plaintiff to re-file same as to the Defendant. Is this an attempt to re-open the statue of limitations (which would have expired last year), or an acknowledgement that the statue has expired and that the agency has acknowledged that it may not sue? Or, is this a notice that the Plantiff intends to file a lawsuit? There is also an attached Certificate of Service stating that the agency could not confirm my address, and therefore service is completed by mailing. Should I take action on this? Is there anything I need to do? Should I have an attorney review the letter? What's the difference between an attorney and a lawyer? :) Thanks.


Asked on 11/15/05, 9:04 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Received Notice of Nonsuit Without Prejudice

Nonsuit is another word or another type of dismissal. Suit must already have been filed and now they are dismissing it. Attorney and lawyer are different names for the same thing.Without prejudice means they can re-file later if they choose to do so. No action on your part would seem to be called for at present.

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Answered on 11/15/05, 10:34 pm


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