• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Lis Pendens filed, what now?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Jpony

Member
What is the name of your state? Fl
If a LIS PENDENS is filed but papers are never served to the defendant, what happens? Is the case automatically dismissed after a certain amount of time if the plaintiff doesn't follow up? My lawyer says not to do anything until I'm 'officially served.'

The original complaint was filed in August 2003 for an injunction by the owner of a low income housing apartment building next door to my house. Before he filed, he sent the papers to every address I had used in the last 5 years. I was staying at the house in question. He claims he has tried to serve me twice. Among other things, he says the house was previously being used for drugs and prostitution. The police records show there was one arrest 5 years ago, I bought the house last year. He also says the alley behind my house is over grown but it's the responsibility of the town to take care of it and they don't care what it looks like and it has looked like that for at least the last 20 years. He adds other stupid things in the complaint that I can prove are not true.

When my lawyer talked to him, the jerk said to make him an offer to make it go away. That sounds like blackmail to me but I guess to a lawyer it's settlement negotiations. The man suing me is a lawyer.

I keep checking on line to see if anything else has been filed or done on this case, nothing so far.

So if he doesn't pursue it anymore does it get dropped by the court?
 


JETX

Senior Member
"So if he doesn't pursue it anymore does it get dropped by the court?"
*** At some point, the court will dismiss the action due to 'lack of prosecution'. When that might be, depends on the court and their policy.

Your attorney can file a petition to remove the lis pendens, and the court would schedule a hearing on the petition.
 

JETX

Senior Member
Jpony said:
Thank you for the info, any idea how long before it's dismissed due to lack of prosecution?
*** From my earlier post, "depends on the court and their policy."
 

HomeGuru

Senior Member
There is more to this story. It appears the issue is one of proper legal service and if the writer has an attorney, the Plaintiff just needs to serve the writer's attorney.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top