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How long until a civil case is dismissed/dropped if the defendant has responded to plaintiff, with no answer for over a year?

Miami, FL |
Filed under: Litigation

I keep checking in the court dockets for my case number. It's been over a year now, and my case has not moved any further towards resolution. Any chances that it will show on the court docket any time soon, or that it will be dismissed or dropped?

Basically, I responded to a complaint summons on a civil preforeclosure with an attorney, and have already filed that we are ready for motion to strike and trial date. I have also request for proof of ownership of my note for residence, which they have not been able to provide. Also, all the fraud issues are shown on my closing documents.

Attorney Answers 3


  1. Contact the Clerk of that court and request more information. Next, ask your attorney to file a motion to dismiss or summary judgment if they are unable to prove their case. Best of Luck!

    Please know: My observations here are for educational purposes only and not legal advice. Always consult with a local attorney that can provide not just insight, but all of the applicable local rules and laws defining your situation.


  2. Ordinarily in or around the one year mark, the Court will send out a notice of intent to dismiss for lack of prosecution.

    You can certainly move for the relief, but generally that only increases the likelihood of the other side taking some action. It's normally wise to just wait for the court to act sua sponte (of their own accord).

    The above is not intended as legal advice and is for informational purposes only,.


  3. It may not be in your best interest to try to speed things up.

    The dirty secret of foreclosures is that in most cases, the bank is represented by a "foreclosure mill" law firm. Such firms charge a very low flat fee for representing the bank. When someone raises defenses, or files a motion to dismiss, the mill will usually turn its attention to the easier cases on its plate. It's easy for the firm to "pick the low-hanging fruit." Until the foreclosure crisis begins to abate (I think that it is going to become far worse before it gets better) , defended cases will hang in limbo.

    This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice

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