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Can I motion Court for dismissal of credit card lawsuit for lack of prosecution after 5 months? if not now, when can I do so?

Miami, FL |

I answered Discover Bank's complaint on time 5 months ago, and still have not heard anything from their lawyers or the Court. I am wondering what's going on with them.

Attorney Answers 3


I would need more information before I could provide you with a proper response. I suggest that you speak with a local attorney as soon as possible.

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I suggest you let that sleeping dog lie, because at some point, with no record activity in the case, the Court will generate it's own motion to dismiss for failure to prosecute. Right now I can't remember if that motion is sent out at 10 months or 16 months (sorry, I don't see many of these). But either way, the plaintiff may have made a tactical decision (after receiving your answer) that they no longer wish to pursue you on this. You never know, sometimes you get a gift like this. Stop wondering and let it lie. There is no advantage to you to wake the dog. Good luck!

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I agree with Mr. Castagliuolo. I wouldn't do anything. It is not that uncommon to answer a credit card lawsuit complaint not to hear anything back years later. In short, the creditor may have made a decision that it was not worth pursuing the debt. Why risk filing a motion just to have the credit card's attorney just start moving the case forward again?

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