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I have a family law question for the State of Texas. I have…

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Hi I have a family law question for the State of Texas

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Submitted: 6 months ago.Category: Legal
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Answered in 5 minutes by:
12/1/2017
Lawyer: Ray, Lawyer replied 6 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,590
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 6 months ago

What question can I help you with?

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Customer reply replied 6 months ago
I have a filed SACPR in Texas court and I would like to close the account.
Lawyer: Ray, Lawyer replied 6 months ago

You want to dismiss the suit here is that correct?

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Customer reply replied 6 months ago
Hello
Lawyer: Ray, Lawyer replied 6 months ago

vie me a minute to get your forms.

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Customer reply replied 6 months ago
Forms?
Lawyer: Ray, Lawyer replied 6 months ago

Here is an Agreed Motion and Order if you want to dismiss the suit??

https://texaslawhelp.org/sites/default/files/pr_dis1_104_agreedmotion_to_dismiss_without_prejudice.pdf

Let me know if this is not what you need, thanks.

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Customer reply replied 6 months ago
I'm the one that filed the suit. The father didn't. Can I get it dropped w/o his signature?
Lawyer: Ray, Lawyer replied 6 months ago

If he didn't file an answer then yes you can file yourself if he filed answer it has to be both of you.

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Lawyer: Ray, Lawyer replied 6 months ago

If the other party has not filed a claim against you (meaning the other party has not filed a counterpetition, counterclaim, or asked for attorney’s fees or for anything else from you in the case), fill out the following two forms.

Note: On both forms fill out the box at the top (called the caption) so that it looks exactly like the Petition filed in your case. Be sure to include the cause number and court number.

  • Notice of Nonsuit without Prejudice

This form tells the judge you want to nonsuit your case. Fill it out completely and sign it.

If the other party filed an answer or was served, fill out and sign the Certificate of Service section at the bottom to show that you sent a copy of the Notice of Nonsuit to the other party.

  • Order Granting Nonsuit without Prejudice (called Order for short)

You will ask the judge to sign this form to order your case dismissed. Fill it out completely except for the judge’s signature.

Take the completed Notice of Nonsuit form and at least 2 copies to the clerk’s office where you filed your case. The clerk will keep the original, stamp your copies, and give the copies back to you.

Ask the clerk when you can give your proposed Order to the judge. You may be able to see the judge that day. Or, you may have to come back another day. Read the article TIPS for the Courtroom for information about going to court.

After the judge has signed your Order, turn in the signed Order at the clerk’s office. Get a file-stamped copy of the Order for your records.

Its a nonsuit if he didn't file answer here are forms to do that.

Thanks for letting me clarify here.

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Customer reply replied 6 months ago
He's never filed an answer however they filed to get a new hearing bc he defaulted. Is that considered an answer
Lawyer: Ray, Lawyer replied 6 months ago

Then you need to do an agreed dismissal.He will sign this he is getting off the hook here, no reason he wouldn't do so.It favors him here.

Thanks for the followup.

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Lawyer: Ray, Lawyer replied 6 months ago

Thanks for rating stars at top of page.

Happy Holidays.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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