chelseagirl Posted March 27, 2007 Report Share Posted March 27, 2007 I was served a summons for lawsuit of credit card debt. Had 20 days to answer with my "Notice of Appearance" and "Answers and Defenses". I filed both, at the Courthouse and also sent to Attorney cmrrr. Attorney signed for papers so I know he received them. I have not heard anything from the Courthouse or Attorney. Can this just be an open case forever or is there a time limit on this?????? Did the attorney think I wouldn't answer and he would win by default???? I hate not knowing what is going on. Any info would be greatly appreciated just to ease my mind!!! THANKS:? Link to comment Share on other sites More sharing options...
blooker Posted March 27, 2007 Report Share Posted March 27, 2007 did the summons have a court date? mine had a court date and time and instructions to file the answer on or before the court date. does the court have an online system where you can look up your case? Link to comment Share on other sites More sharing options...
chelseagirl Posted March 27, 2007 Author Report Share Posted March 27, 2007 The summons did not have a court date. Just stating to answer within 20 days which I did. The court has an online system and I have been watching everyday. Nothing is different. Thanks for the reply!!!! Link to comment Share on other sites More sharing options...
chelseagirl Posted March 27, 2007 Author Report Share Posted March 27, 2007 The summons did not have a court date. Just stating to answer within 20 days which I did. The court has an online system and I have been watching everyday. Nothing is different. Thanks for the reply!!!! Also... as soon as I get out of this mess, I will try to repair my credit. Link to comment Share on other sites More sharing options...
debt tired Posted March 27, 2007 Report Share Posted March 27, 2007 Once you file your answer, they usually have 20 -30 days to respond. Read your RCP to find out for sure. You can also call your Clerk of Court. Link to comment Share on other sites More sharing options...
nascar Posted March 27, 2007 Report Share Posted March 27, 2007 Once you file your answer, they usually have 20 -30 days to respond.That time frame generally pertains to initial pleadings. After an answer has been filed, it's up to the plaintiff to push the case along. Did you file a motion for dismissal with your answer. If so, like previously stated, check your RCP to see what you need to do next.The time limit for a failure to prosecute can easily run 6 months or more.BTW, if this is a small claims case, the rules will likely be different. Link to comment Share on other sites More sharing options...
chelseagirl Posted March 27, 2007 Author Report Share Posted March 27, 2007 That time frame generally pertains to initial pleadings. After an answer has been filed, it's up to the plaintiff to push the case along. Did you file a motion for dismissal with your answer. If so, like previously stated, check your RCP to see what you need to do next.The time limit for a failure to prosecute can easily run 6 months or more.BTW, if this is a small claims case, the rules will likely be different.I did not file a motion for dismissal when I filed my answers.....but at the end of my answers I stated this.....WHEREFORE, Defendant respectfully submits that the court dismiss or deny the Plaintiff’s complaint and request that this lawsuit be dismissed and that a judgment be entered against the Plaintiff for any counter-claims, costs, or attorney fees..................... Would this be like a motion to dismiss?????? Should I file a motion to dismiss or just wait for the Plaintiff's next move???? Thanks, you are the best!!!!! Link to comment Share on other sites More sharing options...
chelseagirl Posted March 28, 2007 Author Report Share Posted March 28, 2007 If there is no response from Plaintiff for a certain amount of time.... will the lawsuit be dismissed????? Do I have to file motion to dismiss???? How long will this stay on the court records as an open case??? Do I just have to wait nervously for months wondering what the Plaintiff will do?????? Any info will be greatly appreciated!!!! Link to comment Share on other sites More sharing options...
mcb11902 Posted March 28, 2007 Report Share Posted March 28, 2007 Even though you asked for a dismissal in the wherefore clause, that's not a motion to dismiss. In Florida, I know you can't file a motion to dismiss if you've already answered the complaint. Just sit tight; the plaintiff is hoping you won't respond and they can get a default judgment. It's their responsibility to pursue the case. And you may very well have to wait a year or more; I'm waiting for the court to issue a notice of intent to dismiss on one case where there's been no record activity since 1/19/06. I just check the on line docket periodically to make sure they didn't "serve" me with something and forget to mail it. 1 Link to comment Share on other sites More sharing options...
chelseagirl Posted March 28, 2007 Author Report Share Posted March 28, 2007 Thanks so much for the info. I am hoping that they thought I would not answer and they would get judgement. ( I did answer) I just hate the waiting and wondering if it will go to trial. I check the court docket on line everyday. I have not received any letters from the CA either. Hopefully they will just drop it. Link to comment Share on other sites More sharing options...
chelseagirl Posted March 29, 2007 Author Report Share Posted March 29, 2007 Even though you asked for a dismissal in the wherefore clause, that's not a motion to dismiss. In Florida, I know you can't file a motion to dismiss if you've already answered the complaint. Just sit tight; the plaintiff is hoping you won't respond and they can get a default judgment. It's their responsibility to pursue the case. And you may very well have to wait a year or more; I'm waiting for the court to issue a notice of intent to dismiss on one case where there's been no record activity since 1/19/06. I just check the on line docket periodically to make sure they didn't "serve" me with something and forget to mail it.I can't believe you have been waiting over a year!!! That's ridiculous!!!!Will the court automatically issue a notice of intent to dismiss after a certain amount of time, or did you have to file for one???? I check the court docket every day! Thanks Link to comment Share on other sites More sharing options...
nascar Posted March 29, 2007 Report Share Posted March 29, 2007 Will the court automatically issue a notice of intent to dismiss after a certain amount of time, or did you have to file for one????Yes, that's what is supposed to happen; but some jurisdictions are better at housekeeping than others. Link to comment Share on other sites More sharing options...
mcb11902 Posted March 29, 2007 Report Share Posted March 29, 2007 The court will eventually get around to issuing the notice of intent to dismiss for lack of prosecution. I figure the longer I wait, the better it is in my favor because the plaintiff is going to have to show good cause why it shouldn't be dismissed. I can file a motion to dismiss for lack of prosecution if I want to, but I really don't want to rock the boat. I just want to stay under their radar. Link to comment Share on other sites More sharing options...
chelseagirl Posted March 29, 2007 Author Report Share Posted March 29, 2007 The court will eventually get around to issuing the notice of intent to dismiss for lack of prosecution. I figure the longer I wait, the better it is in my favor because the plaintiff is going to have to show good cause why it shouldn't be dismissed. I can file a motion to dismiss for lack of prosecution if I want to, but I really don't want to rock the boat. I just want to stay under their radar.You are ABSOLUTELY right!!! That really makes sense!!! I will go along with what you stated earlier and "just sit tight"!!!!! Thank-you sooooo much for all the great info!!!!! Link to comment Share on other sites More sharing options...
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