Legal Question in Credit and Debt Law in Florida
A credit card company filed a civil suit for contract indebtedness against my husband over 8 years ago. Within days of the filing, they tried to serve him with papers but had the wrong address - no other attempt was made after that, that we can tell, at least. The case has been sitting idle for the last 8 years in a Florida county court. There have been no actions taken, or at the least, no actions logged in the register of actions section of the county clerk's website for this case. There has been no judgement either. The case status says "orig pend" and there is a 'check out date' of 2/11/2016. What does all this mean and how long can they keep an idle case open? Should we try to make a move on it to get it dismissed, or is there some kind of statue of limitations that we would be resetting by engaging with this creditor? We would like to buy a house within a couple years, but this is hanging over our heads and we are unsure of what to do about it.
2 Answers from Attorneys
From what you indicate, this case should have been dismissed long ago.
if this is a Duval County case, call me or email with the case number so I can look at it before I give you advice. If nothing has been done since the initial filing, the file should have been administratively dismissed. If you pay anything on this matter, the time to toll will begin again so please discuss this with an attorney.
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