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what happens to SOL during lawsuit?


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In my state the SOL is tolled (paused) during the suit. YMMV

As 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.

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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....

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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.

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