Legal Question in Credit and Debt Law in Florida
I have had an small claims case open against me since 2007. The last apperance in court was Nov. 2008 it was a non jury trail. The Plantiff is a Bank. They can not hold me responsible for the fraud that took place on my case so they keep prolonging this case for no reason. I just want it to be closed cause it on my credit. The new judge assigned to case, his assistant said there is something called a "tickler". I believe that is the word. I am trying to find out more about this, she stated that if a case goes open for so long with no action it gets closed. How does this work? Please help? Thank You.
2 Answers from Attorneys
Everything depends on the facts and circumstances surrounding your case, which you have not fully posted. But, the tickler you are referring to is probably a calendaring device used by the Judge's assistant to track when things come before the court. If enough time has elapsed, you can always motion the court to dismiss the action/case (with prejudice) for the plaintiff's lack of prosecution.
Just file a motion to dismiss with prejudice for lack of prosecution. The worse that can happen is the judge will deny it. You will be no worse off.
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