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dongiddens · Apr 16, 2009, 03:44 PM

I was sued in Oct 08. Me and another person was named in suite.

I am in Florida, land lord. Sued for bogus slip and fall.

Other named person file BK 13 in Nov. 08.

Since then I have not heard any more from them.

We only have the 2 low end properties witch are tied up with BK13

I have no income other this with VA witch is not garnissable.

My question is how long do they have to do something with the suite.

When will it be dismissed for no action?

Fr_Chuck · Apr 16, 2009, 04:27 PM

Have you filed a motion to have it dismissed?

Is there a court date set, what type of action has taken place so far

And it is only bogus if they lose, often insurance companies settle instead of going to court.

Can I assume you have turned it over to your insurance

dongiddens · Apr 17, 2009, 04:19 AM

Have you filed a motion to have it dismissed? No

Is there a court date set, what type of action has taken place so far

No court date. Nothing has happened after I put the answer in to file

And it is only bogus if they lose, often insurance companies settle instead of going to court. I know this just wanted to let u know what is really up.

Can I assume you have turned it over to your insurance
No Insurance

What is the time frame for them to continue per law?

this8384 · Apr 17, 2009, 01:33 PM

So what you're saying is, you had no homeowner's insurance, a tenant allegedly slipped and fell, is now suing you for their damages and you claim there's nothing going on since October? Something's not adding up.

You need to contact the courthouse that the suit was filed in and get the status of the case immediately.

twinkiedooter · Apr 18, 2009, 08:50 PM

If there has been no action on a case after one year the Clerk will send both parties notification of a hearing date at which time the Judge will close the case.

Do like This above suggested and call up the Clerk and ask for an update on the case to see if any other paperwork has been filed by the Plaintiff and you magically did not receive any paperwork on the motion or paperwork filed. Happens all the time. You just may have an important hearing coming up or just missed the hearing due to not being properly notified by the Plaintiff. Happens all the time.

Fr_Chuck · Apr 18, 2009, 09:15 PM

There is really no requirement, and once they file, that stops any SOL that comes from not filing.

Time for you or your attorney to see status in court, file to have it dismissed if they can not move it to trial.