My question involves court procedures for the state of: Louisiana
This is regarding a debt collection matter that's been dragging on for some time in Louisiana. Case originally filed early in 2013. I responded with denial, affirmative defenses, and also added a reconventional demand(that's what a counter claim is called in my state for those who are not familiar). Fast forward about 1 year after the case was originally filed, the plaintiff admits in writing to having sold the alleged debt(it was not theirs in the first place, but that's another matter for another day). Now, having no standing to continue, they allowed the case to sit dormant in the court. In LA, the law allows for dismissal due to abandonment if the case has gone past 3 years with no action by the plaintiff to prosecute its case, and no action by the defendant to defend against the plaintiff's claim.
It's now been more than 3 years since anything was done relating to the plaintiff's complaint. So, I filed an ex parte motion to dismiss due to abandonment in accordance with LRS C.C.P. Art. 561. I filed this motion 19 days ago. I've got my stamped copy proving that it was filed. Once it left my hands, it disappeared, never to be seen again. The court clerk's office first told me that it had been mailed to the judge's office for consideration. Today, the court clerk's office tells me that it was not mailed, but was brought to the judge's office by a runner. There's been no word of what happened to this motion, the judge apparently has not even seen it yet. In the meantime, the plaintiff apparently got word of my motion(I believe they were tipped off by the clerk's office, it has happened before), and hurried to file an ex parte motion to substitute a new plaintiff. My motion was filed 19 days ago and no one can even tell me where it went. Their motion was filed one day....two days later, the judge signed the order...the very next morning, the clerk filed the order in the docket....and the next day after that, it was out with the sheriff's office for service. Total time elapsed? Four days from start to finish. This is an important detail, because in my state, the law is clear that any motions filed by the plaintiff once the 3 years has passed are moot, the plaintiff cannot revive its case once 3 years has passed. Their only option would be to appeal after dismissal or to file a new complaint with the new plaintiff.
My question is, what remedy is available for me to get this resolved? Since the judge apparently does not even know that I filed to dismiss, plaintiff was allowed to continue litigation that should have been dismissed. Neither the original plaintiff nor the newly inserted plaintiff have any standing. The first judge to preside over the case ignored my earlier motion to dismiss due to their failure of conditions precedent, and said that those issues are to be sorted out at trial. That same judge also denied my motion for preliminary default way back when as well, without explanation. LA allows 15 days to answer a claim or counter claim. When they did not answer, I allowed a few extra days, then filed the motion for prelim. Judge denied my motion without any comment or reason as to why. There is a new judge on the case now. I know that I can appeal once this is over but there's no need to spend the time and money on this at that point, when by rule of law it should have already been dismissed. Any thoughts are appreciated. First thought would have been an appeal, but since the court did not deny my motion, there's nothing to appeal at this point, is there?