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  1. #1
    Join Date
    Sep 2010
    Posts
    12

    Default What is the Significance of a Warning that a Case Will Be Dismissed Due to Inactivity

    My question involves collection proceedings in the State of: Maryland

    In July of this year I received a letter informing me that a civil case, that had been decided against me -- with a recorded judgement -- from 2009, had not had any activity in some time and would be dismissed after 45 days. The court records show the same. I recently called the clerk of the court to see why this had not been updated. Her response was that they just take time to clear out.

    However, just a few weeks later I received a letter from the court instructing me to appear in "Examination in Aid of Enforcement of Judgment" at a private attorney's office. I assume this is the same as or very similar to an oral interrogatory?

    Odd timing of this set aside (for now), what are my options? Do I need to (can I) file a motion to dismiss since the case should have been dismissed already? Or can the plaintiff re-open a case that has a judgement entered anytime they wish?

    Thanks for any insight into the matter.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: What is the Significance of a Warning that a Case Will Be Dismissed Due to Inacti

    When a party is warned, "If you don't take action within X days, your case may be dismissed due to inactivity / lack of progress," and they take action within X days, the notice is no longer significant.

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