What is a dimissal for lack of prosecution?

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What is a dimissal for lack of prosecution?

We had fallen behind on a credit card bill due to job loss and was being sued by the credit card company. We had been trying to work with them but have now received from the district clerk a letter stating that an order of dismissal for lack of prosecution has been ordered. Does that mean this is over they can file another lawsuit against us or what?

Asked on January 4, 2012 under Bankruptcy Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The dismissal for lack of prosecution means the case was dismissed because the credit card company did not follow through by pursuing the lawsuit.  This could be due to various items such as if the credit card company missed a court appearance or didn't file a required document prior to a deadline, etc.

If the case was dismissed without prejudice, that means the case can be reinstated in the future.

If the case was dismissed with prejudice, that means the case cannot be reinstated in the future.

 


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