livermoregirl Posted October 31, 2011 Report Share Posted October 31, 2011 Can anyone tell me what happens to the SOL during a lawsuit? Was it paused or did the clock keep running. If the JDB dismisses the lawsuit without prejudice is it likely they will refile? Link to comment Share on other sites More sharing options...
Savoir Posted October 31, 2011 Report Share Posted October 31, 2011 In my state the SOL is tolled (paused) during the suit. YMMVAs to the JDB ...... your guess is as good as mine.Ask yourself this .... was the case dismissed due to an error that could be remedied given time? Is the debt large enough to pursue? They might refile. They just might sell it off to another JDB as well. Link to comment Share on other sites More sharing options...
legaleagle Posted October 31, 2011 Report Share Posted October 31, 2011 Same here, as long as the SOL was valid when suit was filed, it's valid all the way through to the end. I think you'd have a good argument agaisnt a second JDB who filed a new action, tho. Link to comment Share on other sites More sharing options...
livermoregirl Posted October 31, 2011 Author Report Share Posted October 31, 2011 The plaintiff sent me a copy of a Request for Dismissal (without prejudice) and I am not sure why they are dismissing it - though I have been following the very good advice I received and/or read on this forum. My question about the SOL is because according to the default date they claimed, which was never proven to us, the SOL would be up in a couple of months. If it was paused, then there is additional 6 or seven months added to that. If I understood the answer by Savoir, that may be the case. Anyone know if it is paused in California? Also, the court is not showing the filing for the dismissal online yet, so I am skeptical until I actually see that happen. Skeptical but hopeful.... Link to comment Share on other sites More sharing options...
1stStep Posted October 31, 2011 Report Share Posted October 31, 2011 In Calif, a lawsuit tolls (pauses) the SOL. Link to comment Share on other sites More sharing options...
livermoregirl Posted October 31, 2011 Author Report Share Posted October 31, 2011 Darn...so that means that sometime in the next year I could be doing this again? Either with the JDB or some one new that they sell it to.Well, thanks for clearing that up. It kind of dulls the happiness of the dismissal but at least I won't be surprised when it happens. Link to comment Share on other sites More sharing options...
1stStep Posted October 31, 2011 Report Share Posted October 31, 2011 The JDB may not refile...you're filing an answer actually cost them money. In my research, these JDBs have a cap on costs for each case - usually a percentage of the alleged debt...For example if the debt is $10k, they may only want to spend $1k on getting a judgment. By answering the complaint, the cap now goes out the window. When an attorney bills at $200-$300 per hour, that is not a lot of time, and when answering, you've now started the tab. My case against a JDB cost $80k in legal fees alone - something that otherwise would not have been spent if I didn't have my own attorney and the law firm decided to represent the JDB for free. Link to comment Share on other sites More sharing options...
Recommended Posts