Palm Bay, FL asked in Civil Litigation and Collections for Florida

Q: I was served papers for a collection and filed my answer. It's been 3 years and now the plaintiff filed for a judgement.

I can't find specific answers to how long they have after I file my answer to do anything. No other motions have been filed by them since then for an extension or anything. Am I still within my rights to ask for a dismissal?

Also, the only thing that has happened is the case switched lawyers 2 or 3 times since the account got sold that many times.

**** I admitted NO liability in my answer that I filed**** That's why I am asking this question here. Are they within the law to wait 3 years after my answer of NO LIABILITY?

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2 Lawyer Answers

Andy Wayne Williamson

  • Santa Rosa Beach, FL
  • Licensed in Florida

A: They have as long as they want if the court does not dismiss the case for lack of prosecution. Now that something has been filed in the case a lack of prosecution motion would not be proper.

Barry W. Kaufman

  • Collections Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: There doesn't have to be anything else filed. If you admitted liability and damages in your answer, moving for judgment is appropriate. There is no basis for you to ask for a dismissal.

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