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kdee

"Lack of prosecution" courts motion

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Hi, this is my first time posting on here.  I'm in need of advice. I have been activly fighting midland funding since I received a summons 09/11. The last activity was when I filed a "Request for Discovery and Documents" 10/11. (Which they did not suffciently respond...only sent the exact same information they had attached to the actual summons...a credit statement and a ltr of purchase from Chase to Midland with no act#s or names or anything. However, did not respond to the actual requests) Anyway, I now receiveded a "Notice of Lack of Prosecution"  court motion since there has been not activity on the case. My first questions is: How do I respond to this? Second: I have moved 2800 miles away from the county the lawsuit is in and cannot finacially attend the hearing, what do I do about this? Will this negatively impact me? I have fought it up to this point and showed up or all hearings and don't want this to jepordize anything. Third: the last activity on the said cc was 01/09. I believe that this means the SOL is up.  Please offer any help on replying...I cannot afford to hire and attorney to attend for me, but I cannot be at the hearing either. HELP!

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Check out Florida Rule of Civil Procedure 1.420(e).  Looks like it might get dismissed:

 

"... If no such record activity has occurred within the 10 months immediately preceding the service of such notice, and no record activity occurs within the 60 days immediately following the service of such notice, and if no stay was issued or approved prior to the expiration of such 60-day period, the action shall be dismissed by the court on its own motion ..."

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@kdee

 

You may not have to do anything.  The plaintiff is the one who filed suit.  If they don't want it dismissed, they may be the only party required to respond.  

 

Hopefully, @LawKitty will see this and have an answer for you.

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I hope this is the case and it gets dismissed.  My biggest concern is not showing up for the hearing, which at this point is impossible. Can the courts place a judgement against me even if the plantiff does nothing at this point?

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No, the court is not suing you so they will not "place a judgment". If it comes to a hearing (which it looks like maybe not) you can file a motion with the court to appear telephonically.  Plaintiff's do it all the time.  Is a  hearing scheduled???  ou can go online and look at your case and see what is happening.  Or call the clerk of court and ask if it is on the inactive calendar

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