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Complaint filed and SOL


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SOL specifically refers to the amount of time stated in state law that a creditor/collector can obtain a debt via lawsuit. Generally, each state has different SOL laws, and the law applies depending on the state the defendant lives currently lives in, and which state the contract was signed. Again, each state has different rules on this.

The only thing I can think of that can "stop" SOL is a defendant not using it as an affirmative defense. The SOL in most cases can be restarted by either a partial payment and/or a promise to pay.

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Sry I should be more clear. (at work and rushing around) :oops:

By stop I meant the running time of SOL. Like here in Florida if you move out of state the SOL time stops running. Once or if you move Back it starts the clock again.

If I am correct at some point in a lawsuit the SOL is stopped. For example They start to sue you 2 days before the SOL is up. You could not stall untill the SOL is expired.

Thats why I was asking at what point in the process does the SOL stop.

I noticed by web search that a complaint was filed against me. I am hoping that does not stop the SOL yet on this debt.

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The SOL is the time limit that a creditor has to FILE a suit in Florida. As long as the suit is filed before then, the SOL will not apply.

What you were talking about, the "stopping" of the SOL when you move is called tolling. Tolling is not a stoppage, but merely a "pause", if you will.

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Ok Finally found it. I spend too much time on the internet.

BTW this is from The 2005 Florida Statutes

Title VIII

LIMITATIONS Chapter 95

LIMITATIONS OF ACTIONS; ADVERSE POSSESSION View Entire Chapter

95.051 When limitations tolled.--

(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by:

(a) Absence from the state of the person to be sued.

(B) Use by the person to be sued of a false name that is unknown to the person entitled to sue so that process cannot be served on the person to be sued.

© Concealment in the state of the person to be sued so that process cannot be served on him or her.

(d) The adjudicated incapacity, before the cause of action accrued, of the person entitled to sue. In any event, the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action.

(e) Voluntary payments by the alleged father of the child in paternity actions during the time of the payments.

(f) The payment of any part of the principal or interest of any obligation or liability founded on a written instrument.

(g) The pendency of any arbitral proceeding pertaining to a dispute that is the subject of the action.

(h) The minority or previously adjudicated incapacity of the person entitled to sue during any period of time in which a parent, guardian, or guardian ad litem does not exist, has an interest adverse to the minor or incapacitated person, or is adjudicated to be incapacitated to sue; except with respect to the statute of limitations for a claim for medical malpractice as provided in s. 95.11. In any event, the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action.

Paragraphs (a)-© shall not apply if service of process or service by publication can be made in a manner sufficient to confer jurisdiction to grant the relief sought. This section shall not be construed to limit the ability of any person to initiate an action within 30 days of the lifting of an automatic stay issued in a bankruptcy action as is provided in 11 U.S.C. s. 108©.

(2) No disability or other reason shall toll the running of any statute of limitations except those specified in this section, s. 95.091, the Florida Probate Code, or the Florida Guardianship Law.

If I read it correctly I believe It is tolled as soon as I am served.

Let me know if I misinterpreted it.

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No. You are looking at tolling, which is the pausing of the running of SOL. You need to look at:

95.011 Applicability.--A civil action or proceeding, called "action" in this chapter, including one brought by the state, a public officer, a political subdivision of the state, a municipality, a public corporation or body corporate, or any agency or officer of any of them, or any other governmental authority, shall be barred unless begun within the time prescribed in this chapter or, if a different time is prescribed elsewhere in these statutes, within the time prescribed elsewhere.

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I see what you are saying. They could not start a civil action or proceeding if it was not done in the SOL period.

What I was saying is that a complaint could be filed and it would not Toll the SOL untill I was served. For that reason the complain filed on me some months ago does not toll the SOL untill I have been served. If I do not get served in one Year the Judge notifies the Plantiff that he is dismissing the complaint for lack of prosecution unless there is good cause given in writing and filed in 30 days.

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