Legal Question in Credit and Debt Law in Pennsylvania

In a credit card case, the case ended with Praecipe to discontinue without prejudice. If the Plaintiff re-files, when does the time barred statute of limitations begin? The original default or the date of the Praecipe to Discontinue?


Asked on 7/27/16, 8:49 am

3 Answers from Attorneys

Greg Artim Morrow & Artim, P.C.

The date of default sets the SOL time frame.

There is an archaic rule that may extend the SOL if the case was filed at the magistrate, but if you received a praecipe then I would think your case was filed in the Court of Common Pleas.

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Answered on 7/27/16, 8:58 am

I agree with Attorney Artim. If you got a praecipe (I have seen them in small claims too) then the case is over for now. Without prejudice means it can be refiled. Sometimes there is a time-limit as to when a case can be re-filed. I don't know if there is one in PA (I have not researched the issue lately but I don't recall that there was one). If there is a time limit then any action has to be re-filed within the time limits. Otherwise, if there is time left on the statute of limitations the action be re-filed any time before the statute of limitations expires. The statute of limitations begins to run as soon as a lawsuit can be maintained. In a credit card case this is usually the date of your last payment. It can also be the date when payment was due and not made. If you make a payment later, it starts the statute running again. However, this has nothing to do with the praecipe for dismissal. If the law contains a time limit, then that overrides the statute.

You don't address why the case was dismissed or who was suing. If its a lawsuit by a junk debt buyer, it may be that they cannot prove that they now own the account. In such case, the risk is small that they will re-file. Its not impossible, but I think the risk is small. To be safe, I would have all of your paperwork reviewed by an attorney who does credit card defense like Attorney Artim.

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Answered on 7/27/16, 12:12 pm
Glenn Brown Real World Law, P.C.

I would bet on the original cc default date on the facts presented.

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Answered on 7/27/16, 2:00 pm


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