Notice to Dismiss for Lack of Prosecution--????

[kiarasam06]

Hey guys---

so I filed BK last yr 4/4/08 was my 341 meeting...today i recieved a letter in the mail from my county court house. I was previously being sued by Dell-of who I filed on, and now this letter says:

"Notice is hearby given to the parties listed below_me and Dell_ that no pretrial step has been taken in thsi action within the last yr and the case will be dismissed 4/28/09 @ 9AM for want of prosecution unless there is filed in the record prior thereto a pleading, with affidavit, showing good cause why no steps have been taken of record for more than one year. The court will enter an order dismissing without prejudice each case in which no answer or an insufficient answer to this notice is made."


Does this just mean that its dismissed after that date? Am I suppose to do something? It doesnt say ne thing about following up.....please help!

Thanks

Tasha

[OhioFiler]

The case is dismissed. You have nothing to worry about.

[Sleepy]

I would understand it to say that Dell did not follow up on the suit since you had filed and were granted discharge of the debt. They may have filed suit just prior to your filing ch.7 and did'nt bother to drop it after you filed. The order is saying that since the suit was filed, no other action has been taken therefore will be dismissed/dropped on 4/28.

[EricaCallaha]

I agree...Looks like they dropped the ball and you win!

[JRScott]

As sleepy says

In most states you can't keep a case going more than a year without a waiver against a speedy trial. In essence they are using that as a reason to dismiss Dell's lawsuit.

[kiarasam06]

thanks guys! Thats great! I didnt even think ne thing could happen now but thanks!