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Notice of lack of prosecution @ notice of hearing
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Thread: Notice of lack of prosecution @ notice of hearing

  1. #1
    New Member

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    Notice of lack of prosecution @ notice of hearing

    hello everyone i have a question maybe i can get some guidance with.

    I was out of my home state (florida) 2007 working and subsequently moved permanently 2007. Tonight I was researching some info at my old clerk of the courts website and discovered that i was being sued by a firm hired by unifund. On the clerk's website it showed where the court attempted to serve a summons and it was returned not served. The judge set a court date for next month for Notice of Lack of Prosecution & Notice of Hearing.

    Does anyone know what Notice of Lack of Prosecution & Notice of Hearing means under civil law in the state of florida?

    The original complaint was filed by the lawyer in oct 2008.

    This court is for civil judgement 5k to 15k.

    thanks in advance

  2. #2
    HONORED GUEST hannah's Avatar

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    Re: Notice of lack of prosecution @ notice of hearing

    Quote Originally Posted by out of state View Post
    hello everyone i have a question maybe i can get some guidance with.

    I was out of my home state (florida) 2007 working and subsequently moved permanently 2007. Tonight I was researching some info at my old clerk of the courts website and discovered that i was being sued by a firm hired by unifund. On the clerk's website it showed where the court attempted to serve a summons and it was returned not served. The judge set a court date for next month for Notice of Lack of Prosecution & Notice of Hearing.

    Does anyone know what Notice of Lack of Prosecution & Notice of Hearing means under civil law in the state of florida?

    The original complaint was filed by the lawyer in oct 2008.

    This court is for civil judgement 5k to 15k.

    thanks in advance
    This it means that the case has lain dormant and will be dismissed for lack of prosecution which means that the Plaintiff has done nothing legally to move the case to trial. Unless the Plaintiff can show good cause by affidavit or testimony at a hearing why it should remain open, the court will dismiss it on the date given for the hearing. In your case you should do nothing. You were never served and the time has expired for the Plaintiff to do so. Do nothing and it will be dismissed BUT remember that the Plaintiff CAN refile the case.
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  3. #3

    Re: Notice of lack of prosecution @ notice of hearing

    I won't speak for Florida-specific practices, but Hannah correctly describes what occurs in courtrooms around the country on a regular basis.

    The only thing judges hate worse than stupid cases clogging the docket is cases clogging the docket where nobody is doing anything...
    I am not *your* attorney and you are not *my* client. Nothing in this post shall be construed as establishing an attorney-client relationship.

    Would you rather us tell you what WILL happen or would you rather have rah-rah bull-droppings from someplace else?

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  4. #4
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    Re: Notice of lack of prosecution @ notice of hearing

    I was served a summons by the court and given 20 days to respond to why i have not been making the required minnimum payment on my credit cards i answered within the twenty days. Well i did not hear a word from the court or the creditor until exacly a year later i got a NLP letter from the court, but it did not mention dismissal.

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