Legal Question in Civil Litigation in Nevada

(Nevada) I answered a Summons from a credit card company over a year ago and have heard nothing back. The court still shows the case "Open". Is there an amount of time that I should have heard something back? Thanks.

Asked on 8/25/12, 6:04 pm

2 Answers from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.
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As far as the Court is concerned, you may be in settlement discussions with that Plaintiff, which it would not want to disturb. The Plaintiff has up to five (5) years to bring a case to trial. It can move for summary judgment and deprive you of a trial, if you do not properly respond.

You may want to refer to the article at this link ("Defending Junk-Debt-Buyer Lawsuits"):

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2079155

Your attorney can explain further.

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8/25/12, 6:16 pm
John Courtney John Peter Lee, Ltd.
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You will want to make sure that you have properly filed your answer to the credit card company's complaint (not the summons); otherwise, the credit card company may seek a default judgment. Assuming that the complaint has been properly answered, generally, one should not disturb a plaintiff who is doing nothing. Eventually, the case will be dismissed for lack of activity on the part of the plaintiff, and you will be the party who prevails by default. To be certain that you are on the right track, you may wish to consult with an attorney who can look up the register of actions in your case.

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8/27/12, 2:09 pm

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