California | Credit and Debt Law
Legal Question
CA limited civil lawsuit on credit card debt filled by debt collectors april 2010. SOL on debt is august 2010. not served; found it browsing civil law court cases. Does filing the case before August invalidate the SOL? next step advice?
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Legal Answer
The SOL is, unfortunately, based on the filing date. But there may well be other defenses to your lawsuit (probably it is from a junk debt buyer). Please be sure your situation is looked at by an attorney (I would be happy to review your lawsuit without charge). I'm not sure what you mean by "not served." How did you find out about the lawsuit, and what is the present status?
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Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE 3020 Old Ranch Parkway, Suite 300 Seal Beach, CA 90740
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Legal Answer
Mr. Stone is correct. The statutes of limitations are limits on the time for filing a lawsuit. Unless and until you are served, however, I would say do nothing. After 60 days the court has the discretion to dismiss the action if it is not served, at three years without it being brought to trial it can be dismissed, and at five years without trial it must be dismissed.
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Libris Solutions - Dispute Resolution Services 1990 N. California Blvd., 8th Fl Walnut Creek, CA 94596
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