Re: lawsuit dismissal

Posted by Boadicea (167.127.24.69) on July 09, 2004 at 13:26:00:

In Reply to: lawsuit dismissal posted by lol in ok on July 09, 2004 at 12:57:43:

Congratulations!

They have up to a year to refile the case IF the statute of limitations has not expired, but why would they? The couldn't validate the debt enough to win a case for almost a year, so that is why they made to move to dismiss.

It's possible that the SOL was tolled while the case was actively in litigation, but the clock starts ticking again on the day the case was dismissed. See if you can determine the exact date that the SOL expires. If it's before a year is up, then you have the SOL defense. If it's after a year is up, they have to file a whole new action sometime within the year with more evidence than they have now.

Personally, I think you're safe. :-)

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