piotrek04 Posted May 19, 2013 Report Share Posted May 19, 2013 Chain of events in NJ Special Civil Part ----------------------------------------------------------December 2006 – Complaint ServedJanuary 2007 – Proof of Service Filed in CourtApril 2007 – Default Judgment enteredMarch 2011 – Default Judgment VacatedApril 2011 – Trial, Plaintiff did not show at the trialApril 2011 – Case dismissed without prejudice Questions: Can Plaintiff re-open the same complaint since 2 years has elapsed from dismissal without prejudice? How Can I close existing complaint once for all? To be dismissed with prejudice? Can Plaintiff file another complaint for the same credit card account, it has been more than 6 years now, and SOL has run out? Link to comment Share on other sites More sharing options...
Clydesmom Posted May 19, 2013 Report Share Posted May 19, 2013 Questions: Can Plaintiff re-open the same complaint since 2 years has elapsed from dismissal without prejudice? How Can I close existing complaint once for all? To be dismissed with prejudice? Can Plaintiff file another complaint for the same credit card account, it has been more than 6 years now, and SOL has run out? 1. Maybe. The SOL is tolled once the case was originally adjudicated. When the judgment was set aside it is possible that the remaining time on the 6 year SOL came into play. 2. There is no case to close. Once it was dismissed without prejudice that was it. At that hearing was the time to argue to dismiss with prejudice because they did not show. 3. Maybe. How much time was left on the SOL when they filed in 2006. It is possible there is still a little time left to file. If they are not pursuing you why worry about it now? Link to comment Share on other sites More sharing options...
Seadragon Posted May 20, 2013 Report Share Posted May 20, 2013 I have to agree why stir up the hornets nest. Link to comment Share on other sites More sharing options...
Recommended Posts