Eeeek! all they have to do is file

Posted by begoodorelse (172.163.113.229) on July 21, 2003 at 14:31:23:

In Reply to: Re: lawsuit possibility posted by wunderbra on July 21, 2003 at 13:29:33:

For once a CA was possibly right. To beat a statute of limitations, all they have to do is FILE suit with the clerk of court on the last day. Some courts, though probably not NC state courts, if you get there early in the morning of the NEXT day will stamp it "night box" filed on the previous day.

It does take a few weeks or months to get a judgment but SOL only looks at when the suit was filed. However, if you said you'd go Chapter 7 in that event, that may well have been enough to scare them off, since in that case the debt is nuked and no one will touch it, whereas they can turn around and resell merely out-of-stat debt not discharged in BK.

Like Scott says, just maintain a low profile and if they don't file suit in time, it's game over.

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