judgement dismissed for want of pros

[alfredo5748s]

I was sued by hudsen & keyes, I answered with a pro se and won, because they never showed up, but they had scheduled a bench trial before the case was dismissed. I live in Texas my understanding is that they had 30 days to file a motion to reinstate, they did not but the bench trial is still on the schedule. what should I do? the trial is set for june 5th.

[centex]

When did the judgment render that you claim has been dismissed?

This sounds more like you were sued, you answered and the matter has now been placed on the docket for trial.

More information on the procedural history of the case is required for a more informed response...

[alfredo5748s]

I was sued, and yes the court had a hearing but the lawyers for the plaintiff never should up, this was on the 19th of march 2009 I did answer with a pro se, and on that date the judge issued a order of dismissal for want of prosecution, so i went down to the court house and asked them if this was over they said that the plaintiff has 30 days from the time of dismissal to enter a motion to reinstate, the 30 days are up. Hudsen and keys did set a bench trial for the 5th of June this trial was set on march 16th but if you notice the bench trial was set before the judge issued his dismissal. Long story short bench trial set on march 16th for june 5th judge dismissed case on March 19, and 30 days are up. one last note in talking with the people down at the court house this judge dismisses all cases when plaintiffs do not show up. so my question again is even though the bench trial is on the docket is this case over or not. thanks for your reply

[Pokey]

Have you asked the court clerk that information? They won't give out much info and don't try to hold them to anything they say either. If it's after the 30 days then it appears they would not be able to do anything at the bench trial when you show the judge that it has been dismissed. They can always file again. If they didn't show up for th 1st one why would the show up at the bench trial? They were just trying to get a default judgement on you and if you didn't show up up the 1st time, they might have. Didn't you have to show up before the Pre-trail and show your intent to contest this matter in court? Maybe they were just jerking your chain.

[centex]

Quote:

Originally Posted by alfredo5748s I was sued, and yes the court had a hearing but the lawyers for the plaintiff never should up, this was on the 19th of march 2009 I did answer with a pro se, and on that date the judge issued a order of dismissal for want of prosecution, so i went down to the court house and asked them if this was over they said that the plaintiff has 30 days from the time of dismissal to enter a motion to reinstate, the 30 days are up. Hudsen and keys did set a bench trial for the 5th of June this trial was set on march 16th but if you notice the bench trial was set before the judge issued his dismissal. Long story short bench trial set on march 16th for june 5th judge dismissed case on March 19, and 30 days are up. one last note in talking with the people down at the court house this judge dismisses all cases when plaintiffs do not show up. so my question again is even though the bench trial is on the docket is this case over or not. thanks for your reply

So first things first...there NEVER was a judgment.

A dismissal for want of prosecution is subject to a motion to renew, which appears to have occurred here. The law allows for this event and proscribes the process.

Opposing counsel did not set the trial date. They made the necessary motions and the Court docketed the matter. So if the matter appears on a trial docket, then NO the case is not over with and you still need to be prepared for trial.

[alfredo5748s]

so when I go down to the court why is everyone telling me that it is dismissed and that the thirty days are up?????

[centex]

*WE* don't have access to the procedural history and copies of the various filings...all *WE* can use to answer questions is the limited information posters put up on the post. *WE* have no idea why the Clerk's office may be answering in a different fashion than is suggested by your procedural history contained in this post...

[Pokey]

Quote:

Originally Posted by centex So first things first...there NEVER was a judgment. A dismissal for want of prosecution is subject to a motion to renew, which appears to have occurred here. The law allows for this event and proscribes the process. Opposing counsel did not set the trial date. They made the necessary motions and the Court docketed the matter. So if the matter appears on a trial docket, then NO the case is not over with and you still need to be prepared for trial.

"motion to renew" So if the Plaintiff files this motion will the Defendant be properly served about this motion? Is there a Motion to renew hearing 1st and then back to Pre-trial or how does the legal process work in this matter?

[Hedwig]

You need to find a copy of your local rules of civil procedure. It varies from jurisdiction to jurisdiction.

[Pokey]

Quote:

Originally Posted by Hedwig You need to find a copy of your local rules of civil procedure. It varies from jurisdiction to jurisdiction.

"motion to renew" So if the Plaintiff files this motion will the Defendant be properly served about this motion? Is this a way the Plaintiff could reschedule a pre-trail hearing and not notify the Defendant?

[alfredo5748s]

Ok if you want to take a look at it this is in the xxxxxx under civil cases and my full name is xxxxxxxx, please give me your opinion and where would i look up civil procedural law in this jurisdiction. and yes the people down at the court house did say that the plaintiff has 30 days after a dismissal to file a motion to reinstate which has not happened. again thanks for all your responses.

[alfredo5748s]

please advise as to any other info needed and how to get that to anyone that is interested in this matter. also I am limited on resources because i am a disabled veteran so getting legal counsel is difficult. thanks again for all the help.

[jlynn]

Quote:

Originally Posted by alfredo5748s please advise as to any other info needed and how to get that to anyone that is interested in this matter. also I am limited on resources because i am a disabled veteran so getting legal counsel is difficult. thanks again for all the help.

http://www.statutes.legis.state.tx.us/

Look at Civil Practices and Remedies Code. Call the court you are in and see if they have any specific local rules.

Edited - The online rules *could* have errors - great place to start and get familiar though. You should plan a trip to a local law library (check colleges and universities in your area), and get a copy of the actual code.

[alfredo5748s]

thanks ill do that, but once I get there do I just ask someone to point me in the right direction or am I on my own?

[Pokey]

Quote:

Originally Posted by alfredo5748s thanks ill do that, but once I get there do I just ask someone to point me in the right direction or am I on my own?

Do you like working for nothing? If you want help then you probably will have to pay for it. The worst thing that can happen to you is they win. Good luck and just go for it like I did.

[Hedwig]

Quote:

Originally Posted by alfredo5748s thanks ill do that, but once I get there do I just ask someone to point me in the right direction or am I on my own?

It never hurts to ask.

You might also go to the law school at your local university and see if they offer any kind of help.

[hannah]

Quote:

Originally Posted by alfredo5748s thanks ill do that, but once I get there do I just ask someone to point me in the right direction or am I on my own?

You may have options that we don't know about as nothing you have said tells us anything whatsoever about your case in detail such as when was the DOLA or creditor who sued or what. But I'll give a steer in the right direction...go to this website and type in the particulars of your case using the box at the lower left hand corner or call them at (214) 670-9989 or toll-free at (866) 670-9989 or (877) TEX-LAWYER. Mr. Malone or one of his associates usually will speak to you about your case and if it's not something they can win for you with off-setting counterclaims of either FDCPA or Texas state consumer laws they will tell you. Malone is a pretty good attorney and loves to kick around Hudson & Keyse.

If they can't help you, bring it back here with more detail as well as the complaint. It's hard to help someone without the specifics or even knowing exactly what the complaint says.

[hannah]

Quote:

Originally Posted by Pokey "motion to renew" So if the Plaintiff files this motion will the Defendant be properly served about this motion?

Rules state that Plaintiff sends a copy of the motion to the Defendant. They must swear they have done so on their Certificate of Service. Whether they will or not remains to be seen so alfredo should look at his file at the courthouse every week or so.

Quote:

Originally Posted by Pokey Is this a way the Plaintiff could reschedule a pre-trail hearing and not notify the Defendant?

Here in WV, the court notifies the parties as to when hearings and trials are to be held. I haven't looked at all states procedure but can't think that they would be all that different. That said, most collection attorneys want default judgments as they are far less work on their part. Have collection attorneys scheduled hearings and not notified the defendants? Sure. It's called sewer service and happens a lot in small claims court in a lot of states. Google the term.

[hannah]

Oops. Google "sewer service" + law. All you need to know about it. Sorry about that. Seems with the previous post I would have sent you to Roto-Rooter.

[Pokey]

Quote:

Originally Posted by hannah Oops. Google "sewer service" + law. All you need to know about it. Sorry about that. Seems with the previous post I would have sent you to Roto-Rooter.

Court Proceedings sure do stink. Thank you