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8jenneo
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Subject: do a summons "toll" the SOL?
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Tue Aug 31, 2010 6:40 pm
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| is the statue of limitation tolled or paused when a cc company file a summons? even if it is not served but attempts is made for a year does it stop the clock? cc has tried toserve me since 2009 but sol was up in jan 2010? |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: sol question
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Wed Sep 01, 2010 8:11 am
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Hi jenneo,
No, the Statue of Limitations (SOL) does not pause or toll when a creditor files a summons.
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| cc has tried toserve me since 2009 but sol was up in jan 2010? |
The creditor did sue you within the SOL. They can sue you before the SOL expires.
Can you give more details on this debt?
Thanks,
Aaron
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8jenneo
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Thu Sep 02, 2010 12:27 pm
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I have old debt that last payment was in june 2006 but the cc filed summons in april 2009 I find out from case records. the SOL is 3yrs but the case was dismissed in and then it says "VACATE ORDER OF DISMISSAL" in april 2010 and summons renewed in august 2010. i never got summons from anyone ever in last yr or now.
my question is did they file in time to still sue me even thoug the SOL was up in june 2009? Does SOL stop when they file or when you are in court? In case records it still say summons was filed in april 2009 even though it was renewed and was over a year ago? |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: sol question
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Fri Sep 03, 2010 9:23 am
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Hi jenneo,
Actually when the creditor had filed the lawsuit the Statute of Limitations (SOL) on the debt had not expired. As far as I get from your post the last payment was made in June 2006. The creditor filed the lawsuit in April 2009 before the expiry date. SOL was supposed to expire on June itself.
However, the lawsuit was dismissed in 2009. Though lawsuit and summons can be renewed, I won't know if it is still possible for them to renew after a year. I think you need to talk to a lawyer about this.
Thanks,
Aaron
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