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Motion for Nonsuit in Texas A Motion for Nonsuit is what a creditor typically files to dismiss a lawsuit. The motion is usually filed ?without prejudice?. This means that the Plaintiff is voluntarily giving up on their case but they reserve the right to re-file the case if they want to.
Nonsuit is a judgment given against a plaintiff in which the court dismisses a case because the plaintiff either was unable to make an adequate showing or is unwilling to continue with the case. A nonsuit may be voluntary or involuntary.
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 and file a Notice of Nonsuit without Prejudice and an Order Granting Nonsuit without Prejudice.
Nonsuit is a judgment given against a plaintiff in which the court dismisses a case because the plaintiff either was unable to make an adequate showing or is unwilling to continue with the case.
For the most part, the terms nonsuit and dismissal are synonymous. However, usually when someone refers to their case as being ?dismissed,? it is as a result of an involuntary nonsuit (with prejudice).