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Doesn't a case have to be tried within a certain time frame

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LawyersRSharks

Junior Member
What is the name of your state? South Carolina
I was sued in Common Pleas Civil court last year (papers are dated 04/21/2005; I was served on 04/26/2005; my reply was filed on 05/20/2005). This was a dispute over a bad carpet-laying job by an independent contractor. The carpet was the wrong one (not what I had ordered -- and plus it appeared to have been used already stains, etc). In addition, the installation was sloppy (bumps in the carpet, seams that didn't hold together). I refused to pay the fellow and he filed a suit.

In my reply, I countersued for the cost of having the improperly installed/wrong carpet removed and the correct carpet correctly re-installed by another contractor. The fellow simply answered my counterclaim by stating that he "denied everything". -- But he did answer the counterclaim on 06/16/2005.

Now what?
We are coming up on a year and I have heard nothing (from the court, from the other fellow) etc.
Isn't there a time limit for something to be tried? Shouldn't I have heard something from someone? I keep thinking that the fellow has just decided to drop it, but I don't want to call him and get it all "stirred up" again if I don't have to. I have checked at the Clerk of Courts and they just show the case as "Pending".
Isn't there a time limit for something to have to move forward to another stage or whatever?
 


seniorjudge

Senior Member
LawyersRSharks said:
What is the name of your state? South Carolina
I was sued in Common Pleas Civil court last year (papers are dated 04/21/2005; I was served on 04/26/2005; my reply was filed on 05/20/2005). This was a dispute over a bad carpet-laying job by an independent contractor. The carpet was the wrong one (not what I had ordered -- and plus it appeared to have been used already stains, etc). In addition, the installation was sloppy (bumps in the carpet, seams that didn't hold together). I refused to pay the fellow and he filed a suit.

In my reply, I countersued for the cost of having the improperly installed/wrong carpet removed and the correct carpet correctly re-installed by another contractor. The fellow simply answered my counterclaim by stating that he "denied everything". -- But he did answer the counterclaim on 06/16/2005.

Now what?
We are coming up on a year and I have heard nothing (from the court, from the other fellow) etc.
Isn't there a time limit for something to be tried? Shouldn't I have heard something from someone? I keep thinking that the fellow has just decided to drop it, but I don't want to call him and get it all "stirred up" again if I don't have to. I have checked at the Clerk of Courts and they just show the case as "Pending".
Isn't there a time limit for something to have to move forward to another stage or whatever?

Ask the court for a trial setting. You (and the other guy) are the ones who are slowing the process down.
 

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