scared. anyone out there, please help..

should i called the lvnv company or should i talk to the attonory contact number ?

It basically means that the plaintiff has taken no action regarding the case in a certain time frame since it was filed, and the court is stating that the case will be dismissed if no further action is taken by stated deadline.

When did they file suit against you? If the court house is not too far from you, I might suggest still going just to be safe or you can call the day before.

I am confused as to Morgan and Morgan. Is that your attorney or LVNV fundings? What state are you in?

i have no clue when the intial hearing was because this is the first i ever heard about it. The address on the letter was to my old address.

when i called the number that the court reprentative gave me; it went to a morgan N morgan answering service. However, i googled the number and it is to a BORACK & ASSOCIATES(David,E.Borack,ESQ)office. I looked at their website and one of their client is LVNV funding.

I am FL.

THe letter states that they have to file a good cause in writing at least five days before the date for the hearing to set forth. i will call the court house the day before and see if i can get any information.

however, what is my next step? i really don't want to keep thinking they are coming back for me...

This is what I found on it:
??

In all matters in which there is no record activity for a period of ten (10) months and no stay has been entered or approved by the Court, the Clerk of the Circuit Court in Pasco County and the Clerk of the Circuit Court in Pinellas County (Clerks of Court) shall automatically prepare a Notice of Lack of Prosecution which shall substantially comply with Rule of Civil Procedure Form 1.989, a copy of which is attached as Exhibit 1. The Clerks of Court shall serve the Notice of Lack of Prosecution on all parties in the case, as required by Rule of Civil Procedure 1.420(e), and shall place a copy of the Notice in the court file. The Notice shall contain a Certificate of Service and as set forth in Rule of Civil Procedure 1.080, such service may be accomplished by mailing a copy of the Notice to the parties' counsel of record, or if not represented by counsel, to the party individually.

3. The Clerks of Court shall automatically prepare a Notice of Intent to Dismiss under the following circumstances:

a. When a case is filed and the plaintiff or petitioner has failed to provide proof of service on a defendant or respondent within 120 days after filing the initial pleading as required by Rule of Civil Procedure 1.070(j).

b. When there is no record activity in a case for a period of sixty (60) days immediately following the service of a Notice of Lack of Prosecution (as set forth in paragraph 2 above), and if no stay was issued or approved prior to the expiration of the sixty (60) day period, as provided for in Rule of Civil Procedure 1.420. This includes small claims cases where the Rules of Civil Procedure have been applied pursuant to Small Claims Rule 7.020.


c. When there is no record activity in a small claims case for a period of six (6) months as provided for in Small Claims Rule 7.110, excluding small claims cases where the Rules of Civil Procedure have been applied pursuant to Small Claims Rule 7.020.

4. The Clerks of Court shall send the Notice of Intent to Dismiss to the parties in the case, and place a copy of the Notice in the court file.

5. If a response is received within 30 days of the Notice, the Clerks of Court shall provide the response and the court file to the section judge.

6. If no response is received within 30 days of the Notice, the Clerks of Court shall automatically generate an Order of Dismissal and provide it along with the court file, if such file is requested, to the section judge.

7. The Clerks of Court, the Pasco County Data Processing Department, and the Pinellas County Information Technology Department, as appropriate, shall take immediate action to make changes necessary to implement this Order and take all actions necessary so that the Clerk of Court can perform the functions specified in this Order on or before March 31, 2006.

I'm sure JCEMT or skydver will be able to answer this for you when they're available. What I posted may not even apply to you, but we'll have to see.

Shazzers, thanks so much for taking time out to answer me. i was losing hope. i just want to get this over with. i didn't even get summons; all i recieved was this letter. Will the court contact me if the prosecutor respond to the dimissal letter? Tampa is two hours away and i don't really want to make that trip :(

LVNV funding seems so vicious. i am afriad.

If you didn't even get served then that's probably why the court is dismissing it, it was improper service, the court will notify you once the case is dismissed. If you called and spoke to the clerk of courts about this then they know you are doing your best to figure out what's going on. I really think that JCEMT or skydver will be able to help you out more than I can, I don't want to give you the wrong information, so don't take what I say as written in stone, it's just my best guess based on what I've went through and are still going through.

thanks for you input. just reading your post make me a little bit calmer. i have been dreading this for a long time.

Shop,

If you are two hours away from Tampa are you even in the same county? When was this suit originally filed? Did you live in Tampa then?
If not then you should write to the court and request that they dismiss the case regardless if the plaintiff responds due to improper venue and failure to properly serve you with the summons. Send documents that shows where you lived when the suit was filed (utility bill, copy of lease or mortgage, etc).
They have to sue you in the court venue that YOU live in.

Gotcha.

Cellur, I am not sure when the suit was orginally filed. i recieved the notice on May 8. It states that the court is dismissing it because 120 days past without proper paperwork file from prosecutor. That would have been about 6 months ago and I moved to Orlando back in Aug of 2007.

You are correct, I have not been living in that county for over 8 months now. I didn't know that the have to sue me in the county that i live in.

with all that said, do anyone have a template of what i should write to the judge?

Thanks all in advance. i am trying each day to get past this darl phase in my life.