Re: I lied...one more question, lol....
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Posted by lawguy
(216.30.212.58) on April 09, 2003 at 16:07:07:
In Reply to: I lied...one more question, lol.... posted by nc on April 09, 2003 at 15:39:08:
What that section is is a "tolling" provision that, in certain circumstances could extend the SOL. This applies when a suit is brought on a contract and that suit is dismissed WITHOUT PREJUDICE and it was not dismissed for the reasons listed. So long as the this first suit is brought before the expiration of the SOL, is dismissed without prejudice, and is not dismissed by voluntary dismissal or failure to prosecute, then the SOL period is extended NO MORE THAN 6 months after the dismissal of the first suit. This does not limit the original 4 year SOL. It only extends it if the first suit is dismissed (as described) within 6 months of the end of the 4 yr SOL. If its dismissed within that time, then the SOL goes on for another 6 months, regardless of the 4 year SOL. For example. Creditor sues on contract and files suit 3 years after default. 9 months later (i.e. 3 months before the expiration of the SOL) the suit is dismissed without prejudice. The creditor now has another 6 months to refile the suit, thus effectively extending the SOL by 3 months (to 4 years and 3 months.) Same example, but suit is dismissed 4 months after filing (i.e. 8 months before expiration of SOL). Creditor does not get the benefit of the extra 6 months, for the SOL still expires 8 months later at the end of the 4 year period. Last example, same as before, but suit is dismissed 15 months after filing (i.e. 3 months after 4 year SOL). Creditor has 6 months to refile. This provision simply gives a creditor a reasonable time to refile his dismissed action. Since the creditor has pursued his rights within the permitted time frame, he should not be punished by having his claim barred by limitations in the event the suit is dismissed without prejudice. This allows him a chance to refile. Thats also why it doesn't allow this if the dismissal is voluntary or due to a failure to prosecute. Creditor can't voluntary extend his SOL, and will not be given any extra time if he failed to reasonably pursue the action in the first go round. If the first suit is dismissed WITH PREJUDICE, the creditor couldn't refile again anyways. This doesn't really involve a repossession matter, it involves limitations and court procedure. Repossession is not the same as a "commenced action." All in all, this won't have anything to do with your situation.
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