Re: Lawsuit After SOL??

Posted by Roger (66.91.144.122) on January 06, 2004 at 16:42:08:

In Reply to: Re: Lawsuit After SOL?? posted by Looker on January 05, 2004 at 22:27:29:

I'm not aware of it actually being fraudulent to file such a claim that is beyond the SOL. However, many courts have a rule usually Rule 11 of the civil code that provides for an award of fees, costs and possible sanctions against an attorney and his client for filing a clearly frivilous lawsuit. You might want to check NJ law on this but you will still need to assert the SOL as a defense and then file a motion to dismiss. With the motion, you can assert that the lawsuit is a Rule 11 violation and request that appropriate sanctions be entered.

If you want to set them up for it, you can send them a letter advising that the lawsuit is barred by the SOL and that they have violated the NJ Rule 11 or whatever it may be called in NJ. Tell them you will not seek sanctions if they dismiss the lawsuit with prejudice.

In most states, once a defendant has filed an answer, you can only dismiss the case if both sides agree. If you do not file an answer, they can dismiss without prejudice which means the claim can be refiled again at a later date.

Follow Ups:

Post a Followup