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I have been sued by a debt collector. The debt collector improperly served me. I got the judge to quash service.

West Palm Beach, FL |

It has now been six months and the debt collector has not retried to serve me. However, the court records still indicate a suit has been filed against me for a debt. The debt is completely bogus. Unfortunately, I tried to get a loan for a house, but the bank told me that because of the pending lawsuit, it would not give me the loan. Is there any way to get the lawsuit dismissed because the debt collector is not attempting to serve me? Is there any penalty for filling a lawsuit against someone and then not prosecuting it?

Attorney Answers 2


  1. In Ohio there is a civil rule that requires a court to dismiss any case where service is not completed withing 1 year of the filing of the complaint. It's automatic. Florida must have a similar rule.

    So, call the Clerk of Court and ask what the rule is. I bet they are helpful, Ohio also has a rule that if a case has already been dismissed one time, for any reason, then the second dismissal is a dismissal "with prejudice" and the case can never be re-filed again. Once again, Florida will have a similar rule. Good luck,

    This answer is not intended to create an attorney-client relationship and may not be relied upon as legal advice. A careful examination of the facts is necessary before a legal answer may be relied on. You should consult your own attorney before taking or refraining from any legal action.


  2. Did the bank give you a written explanation of why you did not get the home loan (what is often called an "adverse action" notice)? The law requires this notice to be given. I ask because credit reports do not often report pending lawsuits. Much more frequently, they report the alleged debt which forms the basis of the lawsuit. This may seem like a hair-splitting, but the lawsuit may be irrelevant to the bank. I would anticipate that it is the debt being reported on your credit report that is affecting the bank's decision.

    The good news is that if the "completely bogus" debt is on your credit report, then the federal Fair Credit Reporting Act may give you a legal remedy that includes damages and having your attorneys fees paid. I suggest you look for a consumer attorney to assist you at www.naca.net.

    Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship. Please contact 770 427 5600 or 404 373 1970, if you wish to discuss your situation further. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, debt defense, credit reporting of false or obsolete (old) information, high interest lenders (title pawns, payday loans), debt management plans, and fraud or unfair practices in the sale and financing of automobiles.

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