Legal Question in Credit and Debt Law in Florida

How to Dismiss if No service completed?

In Nov. 2002 a c/card company filed a case in Broward County Civil Division to collect on c/c debt I accumulated.

I have never been served in this matter and a year has gone by since the initial filing.

1.How can I attempt to get this matter dismissed?

The clerk of court suggests I file a Motion to Dismiss for

Lack of Prosecution - although would not answer any questions, naturally.

2. What is the Statue of Limitations in these types of matters?

3. What length of time is allowed for service to be made from the time of filing?

4. If no service is made during the alloted time, is the case - or should the case be automaticaclly ''CLOSED''.? If it has not been closed, what are my options to get is dismissed?

5. By filing a Motion to Dismiss for Lack of Prosecution pro se, do I then not open myself up for attempt at being served as I assume I will have to provide a current name/address/phone on any court filings?

6. To avoid that, do you recommend I contact an attorney to file the Motion ? and if so, what are reasonable fees an attorney would charge for this service? Thank you for your time.


Asked on 12/01/03, 5:01 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: How to Dismiss if No service completed?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.

From the limited facts that you presented, it would seem that the case should have been dismissed by the Court on its own motion. Since it has not, there may be more to this action than you have explained.

I would strongly suggest that you hire an attorney to represent you in this matter to delay disclosing your address to the other party

but more importantly to work with you on this important matter. You have many questions which deserve further review but an attorney would need to know the specifics of the case.

The fee charged would be dependent upon the services rendered and the time spent working on your file.

Scott R. Jay, Esq., 305-249-8000

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Answered on 12/01/03, 10:02 pm


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