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A case against me in FL by OC was dismissed by a master order for lack of prosecution.

 

I've requested a copy of the dismissal and it doesn't specify if it's with or without prejudice.  Anyone run across this before?

 

Since this is not the normal dismissals I've read about on this site, I thought I would also ask - does this type of dismissal also mean the SOL was not tolled (due to a dismissal)?

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A case against me in FL by OC was dismissed by a master order for lack of prosecution.

 

I've requested a copy of the dismissal and it doesn't specify if it's with or without prejudice.  Anyone run across this before?

 

Since this is not the normal dismissals I've read about on this site, I thought I would also ask - does this type of dismissal also mean the SOL was not tolled (due to a dismissal)?

 

When a decision is rendered without a specification of with vs without prejudice any court reviewing it is going to err on the side of the least restrictive option.  So my educated guess is that the dismissal would be without prejudice.  This is one reason why when it reached a year the defendant would have been wise to file their own MTD with prejudice for want of prosecution so that the issue was forever barred from being pursued via the courts.  

 

The statutes would be tolled as long as the case was considered active in the courts. The day after it was dismissed the statutes started running again on any time left.  

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This is good news, from what I'm understanding from the posts (thanks everyone).

 

My last payment was sometime in Dec 09 and I was charged a late fee on a statement in Jan '10.

 

So, that would mean I'm outside the SOL, right?

 

Florida has a 5 year SOL. December 09 last payment means that SOL runs out December 2014.

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Spikey, I guess you are the bearer of bad news then. I did not realize FL SOL was that tough.

 

Tough?  There are two states that have a 10 year SOL.  Three have an 8 years SOL.  Many like mine have a 6 year SOL.  Five years is not so bad compared to others but certainly not as good as 3.

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If they file a lawsuit and then dismiss it, the SOL will continue running as if the lawsuit was never filed in the first place. They cannot buy themselves time by filing and dismissing.

 

Except it appears the plaintiff did not dismiss the action the COURT did which could mean that the SOL was tolled.  Until a court rules on it if they try to file suit again it is impossible to predict how this will go.  

 

At this point if the plaintiff never even followed up my guess is they are unlikely to now but it could also be they were gathering more evidence.  Hard to say.

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Well, I found this re: the Florida SOL:

 

The statute of limitations on credit card debt (open accounts) in the State of Florida is four years. Florida Statutes §95.11(3)(k) states that any legal action on contracts, obligations or liabilities that do not have a written contract has a statute of limitations of four years. This includes the sale of goods, merchandise, wares and store accounts. Depending on the type of contract you have with the credit card company, the statute of limitations starts running on the date of the last late payment or the date of the first collection letter.

 

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Except it appears the plaintiff did not dismiss the action the COURT did which could mean that the SOL was tolled.  Until a court rules on it if they try to file suit again it is impossible to predict how this will go.  

 

At this point if the plaintiff never even followed up my guess is they are unlikely to now but it could also be they were gathering more evidence.  Hard to say.

I don't think it's going to matter who dismissed it. If it was dismissed (as far as the SOL goes) it will have the same effect as if a lawsuit was never filed.

Tough?  There are two states that have a 10 year SOL.  Three have an 8 years SOL.  Many like mine have a 6 year SOL.  Five years is not so bad compared to others but certainly not as good as 3.

Compared to those I guess it doesn't sound too bad, we have it kind of easy in CA with a 4 year SOL. 

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