Legal Question in Credit and Debt Law in Michigan

I got a NOTICE OF INTENT TO DISMISS FOR NO PROGRESS in the mail, from the State of Michigan 2-B Judicial District Court Clerk/Register . It states the action will be dismissed for lack of progress on April 2, 2010 unles the parties show that progress is being made or that the failure to prosecute is not because of the fault or lack of reasonable diligence of the party seeking affirmative relief. I was the last party to file (Sworn Denial of Debt) anything with the court on December 4, 2009. Should I make a motion to dissmiss the case with prejudice, or do nothing?


Asked on 3/19/10, 3:38 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

it depends if you are the plaintiff or defendant. if you are a plaintiff, then you don't want the case dismissed. if you are a defendant, then you'd want the case dismissed, so you don't need to do anything. a party cannot request a dismissal for "lack of progress" - you would need a legal basis to request a case be dismissed. So unless you have that legal basis, you'd be wasting your time. It is the plaintiff's duty to prosecute a case and keep it moving along, not a defendant's.

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Answered on 3/24/10, 8:06 pm


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