Florida | Credit and Debt Law
Legal Question
if a lawsuit is filed in jan 08 and the sol run out in oct 08 is there a time limit it must go court or should it be thrown out
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Legal Answer
The statute of limitations is simply a date by which the case must be filed. It is not a date by which the case must be tried. You can, for instance, file the case on the last day of the SOL.
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Wagner, Vaughan & McLaughlin, P.A. 601 Bayshore Boulevard; Suite 910 Tampa, FL 33606
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Legal Answer
The statute of limitations acts as a bar to filing a complaint (lawsuit) beyond a certain period of time after the cause of action accrued. So, as long as the complaint is filed before the statute of limitations runs out, the claim is timely. The court case can proceed well beyond the sol.
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Sarah Grosse, Esquire sarahgrossejd@hotmail.com New Port Richey, FL 34655
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Legal Answer
My colleagues Mr. Wagner and Ms. Grosse are correct. Having filed the complaint prior to the expiration date of the Statute of Limitations, the case is good to go.
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Lucreita D. Becude, P.A. 12469 Antler Hill Drive, N Jacksonville, FL 32224
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