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Dismissed Without Predjudice


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my understanding of florida statues is there is no tolling...

also the fact that they sue and it was dismissed without prej. means that they CAN resue u again...dismissed WITH prejudice means they cant...but they can still sell the debt to someone else and they can sue u...when is your 5 yrs up...

even once u pass the 5 years,, doesnt mean they cant try but then your defense is beyond sol...5 yr. written...

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The SOL date will not change. The question why is why haven't they refiled by now? Sounds like maybe they were going for the sewer service default judgment and when you were able to get it dismissed they moved on to greener pastures.

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funny thing is I didn't even realize they had sued me in court. The court threw out the case last year. I just learned about it a month ago.

Thanks for the info guys. I can breath a little easier now. Another month to go. Now I have to find out the exact date that the alleged account went into default. I see when my last payment (partial one) was made but I believe it would begin SOL tolling one day after my last missed payment. Guessing it could be no more than 45 days from the day I made my last payment (the partial one). Don't want to ask the OC that's for sure. Credit report just says 30 days past due in May. (no exact date.:()

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This is a stupid question but I need to find out the answer. How can I find out the exact date this account of mine goes into SOL. I know the date I made a (partial)payment (according to the JDB.) but I dont know exactly when my last payment was due after this partial payment. (Thinking no more than 45 days. Anyone know how to find out? PS Credit report isn't accurate enough. I am down to the wire now that's why I ask. Thanks again.

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No tolling on a non written instrument CoA. If you make a partial payment on a contract not based on a written instrument (4 years), it doesn't change anything.

On an account stated CoA, it's four years from the last billing statement.

On a contract based on a written instrument (5 years), payments will create a new departure point.

The question is, when did you breach the contract? If you had a payment due March 1st, and you didn't pay and never brough the account current, clock starts March 1st.

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That's my quandry. I don't know when my alleged account was last up to date. I do know according to court papers (later dismissed without predjudice for non-service) I made a partial payment on say 4/5/02. I'm sure this didn't bring the alleged account up to date if they are calling it a partial payment. Right?

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