How much time does collector have after filing lawsuit?

[rogue22]

I owe approx. 18k on a credit card and was served with a lawsuit in October of 2010. I responded to everything and was able to delay the process by requesting that the opposing lawyers provide very tedious info in regards to my credit debt. My purpose of delaying the lawsuit was to just buy us some time before we file BK. Long story short, we are no longer going to file BK for certain reasons. The lawyers did eventually provide the paperwork that I requested probably 5 months after my initial request. However, nothing new has happened with the lawsuit since receiving the my requested paperwork. Its probably been almost a year since I have heard anything from the court or the opposing lawyers. I continually check the records online and nothing new.

So my question is, how long after being served does a lawyer have to finish with this process? Is there a certain time limit they have specifically with the court process other than the 5 year statue of limitations? Neither the lawyer or myself are waiting on further documentation.. I filled out their discovery paperwork.. All they need to do is just file for the judgement.

I'm guessing they saw that I have nothing for them to collect on and that I'm unemployed, they just gave up on me. Plus, maybe they didn't want to deal with my BS paper request anymore and figured I would fight them on the judgement as well?You would think if they went through the time and expense to initially file a lawsuit, they would just go ahead and file for the judgement at this point..

[bcohen]

Depending on the rules of procedure in your state, you may be able to file a motion to dismiss the creditor's complaint for lack of prosecution, or in other words because of a lack of activity on their part for a prolonged period of time. Perhaps someone who is an attorney will post more on this later.

[LadyInTheRed]

The Florida Rules of Civil Procedure are at http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/10C69DF6FF15185085256B29004BF823/$FILE/Civil.pdf?OpenElement See the bottom of page 58 regarding dismissal for lack of prosecution. The questions is whether it is better to let sleeping dogs lie.

[rogue22]

The questions is whether it is better to let sleeping dogs lie.

Thats kinda of what i'm thinking.. At least I'm not being hassled with anything right now.

[daytona]

I think I would definately let it lie...you will just awaken them that this is still outstanding and then they will simply "re-file" the case...

[Freddy03]

The Florida Rules of Civil Procedure are at http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/10C69DF6FF15185085256B29004BF823/$FILE/Civil.pdf?OpenElement See the bottom of page 58 regarding dismissal for lack of prosecution. The questions is whether it is better to let sleeping dogs lie.

I agree. Let it sleep as long as possible.

[rogue22]

Thanks for responding everyone. I will definitely let it be.

[catleg]

Even if it got dismissed it would be w/o prejudice, so they could just file it again. You are right to just ignore it.