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Lawsuit from 2019 with no movement

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1. Who is the named plaintiff in the suit? Bank of America

2. What is the name of the law firm handling the suit? Scott & Associates, PC

3. How much are you being sued for? >35K

4. Who is the original creditor? Plaintiff

5. How do you know you are being sued? I was served

6. How were you served? In person

7. Was the service legal as required by your state? In-person or certified mail

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Phone correspondence a year before the suit.

9. What state and county do you live in? Texas, Comal

10. When is the last time you paid on this account? 10/17

11. When did you open the account (looking to establish what card agreement may be applicable)? 1998

12. What is the SOL on the debt? 4 years

13. What is the status of your case? Suit served? Motions filed? Suit was served and I answered 10 months ago.

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have not

15. Did you request debt validation before the suit was filed? I have not

16. How long do you have to respond to the suit? 21 Days.  I answered in time but nothing has happened since then.  They claimed breach of contract, there were no interrogatories included in the lawsuit.  Simply a list of "facts" and two counts...suit on debt and breach of contract.

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  They stapled a copy of the last statement to the lawsuit.

18.  How did you find out about this site? Internet search

This lawsuit was filed two years ago and I submitted an answer in time.  In my answer I entered a general denial and claimed contributory negligence as an affirmative defense along with failure to mitigate.  There has been no movement on this case in a long time.  Should I let sleeping dogs lie?  File for dismissal?

 

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Every court is different. 
 

In general, at some point the judge, or perhaps his clerk, will go over the list of cases and see the case has been inactive.  
 

At that point one of two things will happen:

1.  The judge will just dismiss the case without prejudice. Or

2. The judge will send a warning that he is about to dismiss the case without prejudice and demand the Plaintiff either object now or the case will be dismissed in X amount of time.  
 

For an amount this big, I would let sleeping dogs lie.  Why alert the other side to the fact they are sitting on a $35k case?   The longer this goes on, the better for you.  

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I just saw online that the plaintiff has requested a trial setting.  The court has issued a proposed order but has not signed it yet.

They asked for the date to be set for at least 2 months from now.  Would my best bet be to reach out to them and attempt to settle? 

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