My question involves court procedures for the state of: FLORIDA
I was served in a lawsuit from National Collegiate Student Loan Trust 2006-4 (not the loan originator) n 6/24/16. Myself and my mother who co-signed this loan had not received anything until this past week in regards to this loan suit they apparently filed back in 2013. The docket shows summons was issued but never, ever served. It is my understanding that in Florida, you are meant to be served within 120 days or the suit should be dismissed? Clearly this never happened.
This sat open as you can see with no activity until 2015 with the “return of service, unserved” (I have no idea why, my mother has at least been in the same house for over 20 years, though I have moved). I can see then the court moved to dismiss based on lack of prosecution. I can’t view the dockets without going into the court house which is not local to me—but I see there was an order adopting the GM’s report (I take it this docket listing doesn’t mean it was accepted or denied based on what we can see).
Now I see the summons issued again (3 years after the initial complaint??) and that’s obviously what we were served. Does this mean they are trying to re-file, or that the lack of prosecution was denied?
I know I need to get the actual documents, but I need to respond and I’m wondering my best course of action. It seems to be this case should have been dismissed for failure to serve within 120 days--- the next thing important to me is that the loan hit statute of limitations in January of this year—so if they are dismissed on failure to serve they can’t really refile because now my debt is uncollectable.
Any guidance/advise my best course of action?
08/24/2013 CIVIL COVER SHEET
2 08/24/2013 SUMMONS ISSUED
3 08/24/2013 SUMMONS ISSUED
4 08/24/2013 COMPLAINT
5 08/26/2013 PLAINTIFF'S ATTORNEY: COLUNGA, ANTHONY D ESQ ASSIGNED
6 08/26/2013 CASE FILED 08/26/2013 CASE NUMBER 2013 CA 001037 A
7 08/26/2013 JUDGE THOMAS, PATRICIA V: ASSIGNED
8 08/26/2013 PAYMENT $420.00 RECEIPT #2013024624
10 06/11/2014 STIPULATION FOR SUBSTITUTION OF COUNSEL FOR PLAINTIFF
11 06/19/2014 ORDER APPROVING SUBSTITUTION OF COUNSEL FOR PLAINTIFF
12 06/23/2014 PLAINTIFF'S ATTORNEY: LUCOFF, JOEL D ESQ ASSIGNED
13 03/02/2015 RETURN OF SERVICE-UNSERVED
14 03/02/2015 RETURN OF SERVICE-UNSERVED
15 02/02/2016 LACK OF PROSECUTION SET FOR 05/18/2016 AT 8:30 AM IN / , JDG: SCHENCK, KEITH
16 02/09/2016 NOTICE OF LACK OF PROSECUTION AND ORDER OF REFERRAL TO GENERAL MAGISTRATE AND NOTICE OF HEARING
17 05/17/2016 PLAINTIFFS MOTION FOR EXTENSION OF TIME TO SERVE DEFENDANT
18 05/18/2016 REPORT OF GENERAL MAGISTRATE ON LACK OF PROSECUTION (120 DAYS)
19 06/10/2016 ORDER ADOPTING REPORT OF GENERAL MAGISTRATE FOR LACK OF PROSECUTION
20 06/13/2016 SUMMONS ISSUED - CIVIL
21 06/13/2016 SUMMONS ISSUED - CIVIL
22 06/17/2016 PAYMENT $20.00 RECEIPT #201619975
I was served in a lawsuit from National Collegiate Student Loan Trust 2006-4 (not the loan originator) n 6/24/16. Myself and my mother who co-signed this loan had not received anything until this past week in regards to this loan suit they apparently filed back in 2013. The docket shows summons was issued but never, ever served. It is my understanding that in Florida, you are meant to be served within 120 days or the suit should be dismissed? Clearly this never happened.
This sat open as you can see with no activity until 2015 with the “return of service, unserved” (I have no idea why, my mother has at least been in the same house for over 20 years, though I have moved). I can see then the court moved to dismiss based on lack of prosecution. I can’t view the dockets without going into the court house which is not local to me—but I see there was an order adopting the GM’s report (I take it this docket listing doesn’t mean it was accepted or denied based on what we can see).
Now I see the summons issued again (3 years after the initial complaint??) and that’s obviously what we were served. Does this mean they are trying to re-file, or that the lack of prosecution was denied?
I know I need to get the actual documents, but I need to respond and I’m wondering my best course of action. It seems to be this case should have been dismissed for failure to serve within 120 days--- the next thing important to me is that the loan hit statute of limitations in January of this year—so if they are dismissed on failure to serve they can’t really refile because now my debt is uncollectable.
Any guidance/advise my best course of action?
08/24/2013 CIVIL COVER SHEET
2 08/24/2013 SUMMONS ISSUED
3 08/24/2013 SUMMONS ISSUED
4 08/24/2013 COMPLAINT
5 08/26/2013 PLAINTIFF'S ATTORNEY: COLUNGA, ANTHONY D ESQ ASSIGNED
6 08/26/2013 CASE FILED 08/26/2013 CASE NUMBER 2013 CA 001037 A
7 08/26/2013 JUDGE THOMAS, PATRICIA V: ASSIGNED
8 08/26/2013 PAYMENT $420.00 RECEIPT #2013024624
10 06/11/2014 STIPULATION FOR SUBSTITUTION OF COUNSEL FOR PLAINTIFF
11 06/19/2014 ORDER APPROVING SUBSTITUTION OF COUNSEL FOR PLAINTIFF
12 06/23/2014 PLAINTIFF'S ATTORNEY: LUCOFF, JOEL D ESQ ASSIGNED
13 03/02/2015 RETURN OF SERVICE-UNSERVED
14 03/02/2015 RETURN OF SERVICE-UNSERVED
15 02/02/2016 LACK OF PROSECUTION SET FOR 05/18/2016 AT 8:30 AM IN / , JDG: SCHENCK, KEITH
16 02/09/2016 NOTICE OF LACK OF PROSECUTION AND ORDER OF REFERRAL TO GENERAL MAGISTRATE AND NOTICE OF HEARING
17 05/17/2016 PLAINTIFFS MOTION FOR EXTENSION OF TIME TO SERVE DEFENDANT
18 05/18/2016 REPORT OF GENERAL MAGISTRATE ON LACK OF PROSECUTION (120 DAYS)
19 06/10/2016 ORDER ADOPTING REPORT OF GENERAL MAGISTRATE FOR LACK OF PROSECUTION
20 06/13/2016 SUMMONS ISSUED - CIVIL
21 06/13/2016 SUMMONS ISSUED - CIVIL
22 06/17/2016 PAYMENT $20.00 RECEIPT #201619975
Dismissal: Can You Get a Lawsuit Dismissed Based Upon Late Service
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