Re: COURT THIS WEEK

Posted by WHY CHAT (12.78.9.40) on February 01, 2004 at 13:06:35:

In Reply to: COURT THIS WEEK posted by IN NEED on February 01, 2004 at 12:31:27:

Is Credigy refiling on the same claim that was dismissed "without prejuidice"? Or have they refiled a completely new claim.

If the first, then IF they can prove that they are entitled (successors in interest) to "take over" the previously dismissed claim, you need to see what the time limit for reopening a dismissed claim is in your Court system.If they refiled before 12/03 on the same claim, you may not be able to assert SOL, as you were within SOL for the original claim.

Check ALL the documents carefully for dates, proof that they are entitled to "pick up" on First Select's claim, and so forth.

If it is a NEW claim, or it is over a year since the original case was dismissed, you can claim SOL if it is new, or laches if it is the old claim reopened after a year.

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