What happens if the SOL runs out while being sued?

[NeedHelpNebraska]

In Nebraska the SOL is 4 yrs.   I am being sued and the SOL has run out.   I responded to the summons, then responded to the collectors request of admissions,  and sent my own requests back to them...which took along time to get answered.  From there the SOL is up on the debt, and I have not heard anything from the collector for 6 months.  Case is still active and has not been dismissed.

 

Can I have the case dismissed on time barred?  Or can I have it dismissed on lack of prosecution? 

I am open to Ideas.

 

Thanks

[kutuzov]

While the lawsuit is ongoing the SOL is tolled. Then when the lawsuit ends if it was dismissed it depends on the state, for my state Florida, is the same as if the lawsuit never happened and the time of the lawsuit does not toll the SOL, in other states it does, but for now you need to fight them in court the SOL at this point ain

t gonna help you since it has been toll for the duration of the lawsuit, regardless of your state rules on the aftermath.

[shellieh98]

post the info on your case.  If your last payment is 4 years and 1 month, then it is time barred.  If they filied a lawsuit against you before that time limit, then they are good to go and you need to think of others ways to beat them.  Post to this thread the 20 questions that are pinned at the top of this forum, and lets see what we can do.

[formerpara]

Is that really true about the 4 year SOL in FL with respect to it being time barred even with an open case against you? My last payments were in Oct. 2007, so if that is true then would the case against me be time barred at this point?

[shellieh98]

formerpara go back to your post and read what Kent told you to do, did you do this? If so, you can get the current case against you dismissed without prejudice   When that happens, it is like they never had a case against you, and the SOL would not have been tolled.  If the original suit filed 2 years ago was within the SOL, then as of now without a disposition to that case, the SOL IS tolled, and stopped at the point they filed suit.  If they were outside the SOL when the original suit was filed, then you need to bring that up as an affirmative defense in the current case.

 

I wold post these questions in your own thread though, so as not to hijack the OP's case. good luck.

[Guest usctrojanalum]

Once the lawsuit is filed the SOL stops ticking.  It does not run out while you are in active litigation. 6 months probably not long enough for lack of prosecution. But it does not hurt to check.

[formerpara]

Thanks USCTROJANALUM. It was my understanding too that the lawsuit stops the SOL from running. I only asked the question because I had never heard that FL was different in that respect.

[kutuzov]

When they file suit the SOL is tolled for the duration of the lawsuit, BUT if the case is dismissed then the time of the lawsuit DOES count towards the SOL, others states completely toll the SOL even after dismissed. So imagine you are sued in Florida on march 2011 they couldn't serve you and 6 months later they voluntary dismiss without prejudice, then they sue again in say march 2013, and the SOL was up on say February 2013, then the action is time barred, cause those 6 months even when they filed on time the first time do not toll the SOL. Others states do toll the SOL after dismissing, so if you were sued in one of those, then as the SOL was tolled for 6 months it would be within SOL.

[formerpara]

Ok got it.  I just have to hope that I can get my case thrown out and if they try to sue me again that it will be time barred. I have retained counsel because I am running out of steam to do this myself.  Apparently, it is complicated.