Final note on the outcome of the suit.

On the two days before the second trial was to start in Justice Court, the attorney for the plaintiff files a Notice of Non-Suit Without Prejudice under TRCP 162. I filed a protest on the motion with the court because I wanted to see the evidence they had that proved my liability.

On the day of the hearing, the Judge called me into his chambers and told me that the case was out of his hands and (after calling several of his colleagues) he had no choice in the matter other than to grant the motion filed by the plaintiff's attorney. We talked for a while, and I was struck by his final comment "I don't like it when debt collectors use the courts to try to collect their debts."

I will never know how they associated my name with this unpaid bill. The statute of limitations expires in October, and I rather doubt they will to refile suit. I am moving to Colorado in a couple of weeks, and that will be another story.

On my way out of the office, I noticed in the Judge's waiting room approximately 30 people waiting for their cases to be heard.