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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33926
Experience:  Began practicing law in 1992
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Florida case filed nov 2009 I was never served case was

Customer Question

Florida case filed nov 2009 I was never served case was dismissed after hearing srs disposition 6/3/16 master order of dismissal 6/3/16 many summons issued 8 or 9 times question can suit be reopened I understand there is a 5 yr stature suit was filled more than a yr after I voluntarily gave back motorhome it was financed with a credit union I was told they may be able to reopen is this possible 2 yrs ago I registered a car next day summons issued I managed not to get served I would like to start to rebuild credit but scared to apply for credit as it may start things going again in 08,09,2010 I lost millions never filed bankruptcy this is last issue I have is there any way they can come after me this late .
note case was closed for lack of prosecution
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

When was the last payment of any kind made on the motorhome?

Did anything happen with the motorhome after that date, such as you agreeing to a payment plan or anything else?

Customer: replied 1 year ago.
last payment made was in 2007 or 2008 not sure
I personally delivered it along with my corvette to the credit union per there instructions never agreed or signed any kind of agreement I believe they sold the vette for more money than owed in a private sale and sold motor home at auction I never found out or was told of details
Expert:  Dwayne B. replied 1 year ago.

Florida has a 5 year statute of limitations on filing lawsuit based on a written contract. That would be 5 years from the date of your last payment to them.

If they filed the lawsuit more than 5 years after the last payment then you should be able to get it dismissed. In addition, if they didn't serve you before 5 years or "within a reasonable time after filing the lawsuit" then you should be able to get it dismissed on those grounds as well.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 1 year ago.
original question suit was filled in 2009 dismissed 6/3/16 for lack of prosecution by judge can it be reopened as it was filled in 5 yr time frame or is it now dead due to 5r statue
Expert:  Dwayne B. replied 1 year ago.

It could be reopened until the judge loses jurisdiction over it, which will be in about 30 days from the date it was dismissed. They could reopen by filing a Motion to Reinstate. However, if it was dismissed for a failure to prosecute then it is unlikely the judge would allow it to continue when it is that old. Once the time limit passes for the judge to reinstate it and for the appeal then it can't be reopened.

Customer: replied 1 year ago.
sounds like your on the ball what is the time limit for appeal as I want to start to rebuild life again how long should I wait to consider myself safe
Expert:  Dwayne B. replied 1 year ago.

They have thirty days to file a Motion to Reinstate and then about another thirty to file an appeal. If they file a Motion to Reinstate or a Motion for New trial (same thing, different name) then it extends their time out a little further, depending on when they file. Total time is maximum about 75 days unless the court grants a motion.