Legal Question in Credit and Debt Law in Texas

motion to reinstate

I was given a sitation in the year 2002 along with a copy of an original petition stating that i was being sued by a creditor that i failed to pay. Some time has gone by, and i was notified by the court in june 2005 that it was dismissed for ''want of prosecution.'' now the attorney for the plaintiff has filed a motion to reinstate and has set a hearing for this week (august 2005). my question is, what happens if i don't show up, and what happens if i do? I have no way of paying this debt back right now, i don't even work, my husband is the only source of income. i am so affraid of what may happen to me. i just want to do what's right, but financially i am unable to do anything right now. please give me any information that could possibly enlighten my situation. i know i owe this debt, but i am so worried about what is going to happen if i don't show up or if i do show up. one last question, can the plaintiff garnish my income tax? thank you for your time.


Asked on 8/16/05, 8:19 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: motion to reinstate

The motion to reinstate simply means that the attorney wants the original suit revived. If you don't show up, the judge will probably grant it.

If you do show up and argue that his failure to do anything over the past few years shows he's not really serious about the lawsuit, the judge may deny his motion to reinstate. If that happens, the attorney will have to file a new suit, and his remedy may be barred by limitations. There's a possibility that letting your lawsuit be dismissed for want of prosecution may have opened him up to a possible malpractice lawsuit from his client.

Showing up and arguing against reinstatement can't hurt.

Even if judgment is taken against you, and that's a ways off unless you absolutely refuse to do anything, he'll have a very hard time collecting.

See if you can strike a deal you both can live with, to compromise and settle the matter.

Read more
Answered on 8/16/05, 8:42 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Texas