Legal Question in Civil Litigation in Texas

I am in Texas, I took someone to small claims court for money he owed me, and we settled in mediation. He was to pay me 200.00 a month until paid in full. He paid me all the money. Now I get a letter from the court for a Notice of Intention to Dismiss for Want of Prosecution? Why would I get this?


Asked on 7/03/12, 7:08 am

1 Answer from Attorneys

David Leon David L. Leon, P.C.

If you've been made whole, and it was to your satisfaction, then there's no reason to keep a lawsuit alive in the court system. When lawsuits go stale (nothing happens on them) the courts will dismiss them, claiming that you didn't pursue them through the system (want of prosecution).

In this case, the case is moot, as you were paid what you were owed. There's no reason to keep an active file. No one notified the court that it settled (I assume), so the court, seeing no action taken on the file, assumes that you don't need to use court resources anymore. That's why they're dismissing the case.

Dave

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Answered on 7/03/12, 7:35 am


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