What to do about a debt collections lawsuit?

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What to do about a debt collections lawsuit?

After repeated attempts to settle with discover over 2 years. The creditcard collector sent me a court summons in 7 months ago. I filed my “Answers to Complaint” and “Affirmative Defenses” and sent answers to collector. What now? I have heard nothing for over 6 months. No court date or anything. How long does it take to get a date? Can I file to have the case dismissed?

Asked on February 6, 2011 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It may be the case that the creditor has dropped the matter, either deliberately or inadvertantly; it may also be that they just haven't been pushing the matter forward. There is no set or firm time on how long it takes something to come to trial; it depends on how aggressive the parties are on moving the matter along, how crowded the court's docket is, etc.

You can contact the clerk of the court and see if the matter has been docketed and you were not informed for some reason. You can also inquire into whether there are dates or deadlines for different stages, such as discovery. If the other party has missed any deadlines and/or was supposed to serve additional papers or notices on you and failed to do so, it may be possible to move to dismiss the action. But first you need to find out what, if anything has been scheduled and what has happened.


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