Failure to Serve

[TeeRee]

Never mind...

I'm removing thie original question I posted and I can't figure out how to delete the post.

I am going to surrender and hire a lawyer. I have no idea where I will get the money to do so, but our system almost makes it impossible to go pro se.

[Coffee_before_tea]

I'm not familiar with FL rules, but they should have filed the suit and served you within 120 days.  

 

I believe you Motion to Dismiss should be for Failure to Prosecute, not failure to serve.  Maybe @LawKitty can chime in here...

[LawKitty]

Generally what happens in Florida is that a creditor files suit, and if they are not able to serve a defendant by the first pre-trial conference (in small claims) or case management conference, the Judge will continue the case 120 days so the Plaintiff can try to get service.  But they often will continue a case again if there is still no service after 120 days.  Yes, the rule is that service must be done within 120 days or a motion to dismiss can be granted, but often if there is no service, there is no one to motion to dismiss except the court.  The plaintiff sometimes will dismiss their own complaint if they don't obtain service, but not all do.  I think if the Judge sees that there have been good faith attempts to serve a defendant, they will continue the case to try to allow plaintiff to perfect the service.  Here is some information on that topic, but this is several years old so the cases they cite would have to be checked.

 

https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/2EA473370E69988A85256ADB005D6279