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Roger, Attorney
Category: Business Law
Satisfied Customers: 30896
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a civil suit against my company. and a counter suit

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I have a civil suit against my company. and a counter suit against the plaintiff. The action has stopped sense the death of my attorney and my personal bankruptcy. leaving the suit only against my corporation. I don't want to spend anymore money on legal fees and I haven't received notice of a new trail date sense the plaintiff's attorney ask for a postponement about 2 months ago. Is it possible that the plaintiff's attorney could just leave this suit unsettled for years or does the court require the plaintiff's attorney to either drop the suit or proceed to some sort of a conclusion. For all practical purposes the company has no asset other than me and my customer base.
Also this action is going into its 4th years. My attorney was killed in an auto accident November 2011 I haven't hired new consul sense his death.

Hi - my name is XXXXX XXXXX I'm a Business litigation attorney.


If a case lies dormant for more than 12 months, the court clerk will file a motion to dismiss the case as "stale". Once the clerk files the motion, either party will be given notice that some action must be taken within a certain period of time - usually 30 days - and if nothing is done, the case will be dismissed. Thus, the case will not just sit there forever. If no attention is given to it, the case will be dismissed.


If the company has nothing, and the attorney knows that, it is likely that the case may just die on the vine. Or, you may even be willing to consent to a judgment against the corporation. If it is worthless, there's not likely any harm in agreeing to that.

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