Lawsuit Tolling SOL
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Posted by Info
(68.106.16.82) on July 11, 2003 at 01:26:22:
This one for Legal Eagles (No, this is not a deadbeat skipping their debts, I had a highly leveraged travel business that failed and needed time to bankruptcy plan without having lawsuit hassles) I just found out I was sued on an in SOL credit card account last year. Checking the court web site, I found that I was sued in 2002 in a county where I once lived, but did not at the time of the suit. I receive mail in this county at a strip mall mail store forwarded to me. The suit was dismissed 4 months later presumably due to lack of proper service (w/wo prejudice, I don’t know, it didn’t say). Court costs were assessed against the plaintiff. I never received anything regarding a lawsuit at the mail store although I receive collectors’ dunning notices regularly. The mail store won’t sign for anything so if legal service was sent certified, it was returned. Looks like at least one judge wouldn’t summarily issue a default judgment on someone not served. My question is that since they actually sued me, does this toll this account’s lawsuit SOL? I am currently in bankruptcy planning mode and anticipate filing shortly, but I am having second thoughts of maybe waiting out the SOL on these accounts. In other words, does successfully eluding one’s creditors toll the SOL? Last bit,, the account was opened in a 4 year SOL state, I was sued in a 6 year SOL state, and I live in a 3 year SOL state. Interesting? The accounts are all still in 50 state SOL.
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