Filing motion to dismiss because waiting 2 years for civil case to start.

[Skellies]

Hi, I live in Alabama. We were sued by the credit union where we lived in NY for the two car loans we had with them. We told them in 2007 we couldn't make the payments and they needed to get the cars. They never got the cars, but they discharged the loans soon after. We still have the vehicles and still waiting for them to get them. We owed about $4000 total.

Fast-forward and they filed to sue almost 2 years ago and we have yet to be able to appear because they and their lawyer keep postponing for some unknown reason. First time we appeared their lawyer didn't even show.

We just got notice that it's being postponed another 3 months. So now it's almost 2 years. My question is can I file a motion to dismiss based on the fact that they failed to get the collateral (cars) even though they knew exactly where the cars were located, but also because it's taking so long?

Thanks

 

[Ohiogal]

Hi, I live in Alabama. We were sued by the credit union where we lived in NY for the two car loans we had with them. We told them in 2007 we couldn't make the payments and they needed to get the cars. They never got the cars, but they discharged the loans soon after. We still have the vehicles and still waiting for them to get them. We owed about $4000 total.

Fast-forward and they filed to sue almost 2 years ago and we have yet to be able to appear because they and their lawyer keep postponing for some unknown reason. First time we appeared their lawyer didn't even show.

We just got notice that it's being postponed another 3 months. So now it's almost 2 years. My question is can I file a motion to dismiss based on the fact that they failed to get the collateral (cars) even though they knew exactly where the cars were located, but also because it's taking so long?

Thanks

Civil cases can take years because criminal cases have priority. Have you been driving the vehicles?

 

[LeeHarveyBlotto]

How much are these cars currently worth?

 

[Skellies]

Civil cases can take years because criminal cases have priority. Have you been driving the vehicles?

We haven't driven the vehicles in over 2 years. Right now they're just in the driveway.

 

[Skellies]

How much are these cars currently worth?

At this point because they each have some mechanical issues, I imagine they're worth less than what the creditior is asking.