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Showing content with the highest reputation on 09/04/2020 in all areas

  1. 2 points
    The SOL is tolled the minute you are served. Now, you might think that you can run out the SOL by evading service but the plaintiff has the option of filing in court and paying the fees which would also toll the SOL at that point too. Most don't do that however because the court fees in Minnesota are very high (I think over $300 to commence a civil court case now).
  2. 1 point
    I see. Just because they dismissed without prejudice doesn't mean they will come back filing again, though they could. That is good for you they dismissed it. PRA is a lazy collection agency anyway. Next time if they make calls to your phone, threaten to sue for those calls under the TCPA, but do so in writing. I did and they just deleted the entire reporting and all from my credit reports of the account they were trying to collect.
  3. 1 point
    @alwayswinning36 referenced MN. In MN, the SOL is tolled when an action is commenced. Commencement begins when a summons and complaint is properly served. From the MN Supreme Court’ Because Heitland was not served on or before August 1, 2014, the statute of limitations expired on Melillo's claim before proper service had occurred. Melillo v. Heitland, 880 N.W.2d 862, 864 (Minn.2016). Cited in an article from the MN Bar Association: In order to properly commence a civil action and avoid having a statute of limitations period expire, service must be proper under Rule 3.01. See, e.g., Mellett v. Fairview Health Servs., 634 N.W.2d 421, 424 (Minn. 2001). https://www.mnbar.org/docs/default-source/sections/2019-20-time's-up-manual.pdf?sfvrsn=10
  4. 1 point
    The way to reduce hear is to become informed. Learn the rules of the court so that you know if you have to preemptively start arbitration to avoid small claims court or if you can wait until a case is filed. Learn how arbitration works. You need to replace fear with information and when you do that, you will find that there is nothing to be scared of. Even if they are not calling, don't hide your head in the sand because you may find that it is too late to do something when they finally do act.
  5. 1 point
    Bogus. The attorney sent an offer by email. That is a written settlement offer. If you play petty with the order things are signed, then expect them to consider YOU shady and perhaps play petty back. Just send your half of the agreement. There still a court order in place to arbitrate. If they don't fulfill their half of the agreement, you take it to the judge and they get in trouble.