Arizona  |  Personal Injury

Legal Question

Asked on: 5/01/13, 5:08 pm

I got into an accident 3/28/11 with no insurance. The other driver's insurance company had a summons delivered to me today. The summons was stamped as signed on 3/08/13. If it was delivered to me today, wouldn't that be outside the statute of limitations or is it still within it since it was stamped before 3/28? Hopefully that makes sense.

1 Answer

Answered on: 5/02/13, 9:58 am by Frank Waters

They have 120 days to serve the summons on you. All that matters for the statute of limitations is that they file the lawsuit within two years. The stamp is what indicates the date it was filed, which sounds like 3/8/13 from your description. The ultimate result of this will probably be a judgment against you and an eventual garnishment. Depending on your assets and liabilities bankruptcy may be a good idea.

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Frank T. Waters, Attorney at Law, PLLC 5635 Highway 95, Suite A Bullhead City, AZ 86426

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