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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33768
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am being sued by discover bank. both parties came to the

Customer Question

I am being sued by discover bank. both parties came to the first dismissal appearance another was set by the judge and both parties where advised of this at the first date. I came to the second date there attorney did not, the judge dismissed want of prosecution. Can they still sue me for this debt?
Submitted: 4 months ago.
Category: Legal
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Did the judge dismiss with prejudice or without prejudice?

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When was the last time you paid on the debt?

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thanks

Barrister

Customer: replied 4 months ago.
there was no mention of any thing with prejudice or with out just said notice of dismissal want of prosecution
I was working with a debt consulting company they settle some of my debt but this one would not settle original amount was 18,000 I stopped paying about two years ago i owed 13,000 I am not working with debit company any more as I could not pay them the money every month. I have very high medical bills and have to pay them or I can not continue with the treatments I need. If I did not show up I understand I would have been held responsible for all of debt and all other fees
thank you Sheryl
Expert:  Barrister replied 4 months ago.

Ok, then if the judge didn't dismiss "with prejudice" then as long as the statute of limitations hasn't expired on the debt, then they can still refile the case against you.

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TX has a 4 year SOL on debts like this so unfortunately they would still be able to file suit again if it was not dismissed with prejudice.

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With that said, you might want to consider looking into filing bankruptcy to get a fresh start. You can exempt any medical bills if you choose to do so and continue to pay them so they will continue to provide services..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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