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If court papers are filed to sue a debtor before the Statute of Limitations expire on a debt but the debtor doesn't receive a court summons until after the SOL expired has the SOL truly expired?
Wiki User
∙ 15y ago
No, the debt is valid and collectible. The SOL does not apply to when the debtor receives notice but rather to the date of the filing. That being the case, the suit can be filed an hour before the SOL expires and still be valid. The good news is, the defendant might be able to use the delay in collection action to his or her advantage if (a big 'if') the collector has not previously contacted the defendant debtor.
Wiki User
∙ 15y ago
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Live in Texas you will receive a summons in a few days but its been 8 years how do you respond?
I assume you mean "it's been 8 years from the time the dispute occurred." If so, the statute of limitations likely bars the lawsuit. A local attorney can tell you the statute of limitations for the case. If the statute of limitations has expired for the case, it is a good idea to have the attorney draft an answer form to the complaint including an affirmative defense of statute of limitations expiration. If you do not have an attorney draft an answer, be sure to add statute of limitations expiration as an affirmative defense in your answer to the summons and complaint.
Is there a statute of limitations regarding traffic tickets in New Jersey if you got one 10 years ago and just got a court summons?
The statute of limitations determines the deadline to file the charges. If you already receive the ticket and/or signed a promit to appear, the charges are already "filed" and the statute of limitations doesn't matter. If you failed to appear, this summons might be a result of failing to appear in court or failing to pay the fine. It would probably be best for you to hire an attorney to look at this than trying to handle it yourself.
Is there a statute of limitations for driving tickets in New Jersey?
In NJ, police departments will not issue a summons for a traffic violation after 30 days.
What is the statute of limitations for a ticket in New york city for driving without a seatbelt?
There is none. Tickets have already informed you of the violation. A statute of limitations is to prevent someone from charging you with something years after it happened. You've already been charged!
How much time is NY State have to resolve a charge of speeding in traffic court?
I recived a summons for speeding on November 15th, of this year, how much time is allowed for my right to a fair trial. I was given to under stand that within 60 days from the day I received the summons to the to the day of the trail. after that I could use the statute of limitations to get the charge dismesset.
Is jury duty and jury summons the same?
You are summoned to jury duty. This means that you receive a jury summons to perform your jury duty.
What is the statute of limitations on speeding tickets in West Virginia?
Any Statute of Limitations only applies to crimes you HAVEN"T been caught for. The intent of the principle is that some erasure of past bad behavior is best forgiven and forgotten, since witnesses have died and memories have faded. Furthermore the offender has grown up a bit. Crimes you HAVE been caught for are FOREVER, although the court may take pity on you if you turn yourself in, and plead youthful intemperance, or somesuch. But--Heh! Courts lose documents too. Perhaps you should have a "friend" check on it. Not exactly an accurate answer. One a speeding "ticket" is issued the sppeding driver has a number of days (depending upon the county where the ticket was issued) to respond to the ticket byeither pleading guilty, no contest or not guilty. If the driver pleads "not guilty" the issuing officer must then fill out a criminal complaint seeting forth the facts giving rise to the issuance of the speeding ticket, the driver will be issued a summons and the matter resolved before a Magistrate. The issuance of the criminal complaint and summons is governed by the misdemeanor statute of limitations - which is one year from the date of the offense. If the person fails to respond to the ticket - that is just ignores it, the officer still must obtain the complaint and summons within one year of the offense. However, don't just ignore those speeding tickets, because if you fail to respond to the ticket by entering a plea of guilty, no contest or not guilty, the West Virginia DMV will administratively suspend your West Virginia driving privleges for your failure to respond.
What is the statute of limitations on parking tickets in Indiana?
Indiana's statute of limitations are based on the seriousness of the crime charged. Murder and Class A Felonies have no limit. The other felonies are set at 5 years with extensions for underage victims and DNA evidence. Misdemeanors are set as 2 years. Absence from the state or concealing the evidence can toll the statute.
Is a debt past SOL and removed from your credit report considered legally satisfied?
No, a debt that is past the statute of limitations and removed from your credit report is not considered legally satisfied. The statute of limitations determines how long a creditor has to sue you for the debt, but it does not erase the debt itself. You still owe the debt, but the creditor may no longer have legal recourse to collect it through the court system.
What happens when you are served with summons but you were not able to receive it?
The day you gather information regarding issue of summons on you can appear berore the trial court along with the petition stating the facts, through your learned counsel.
What is the statute of limitations on seat belt ticket?
Aggie80 says: None, once a ticket has been issued, you have received official notice of the 'crime.' That eliminates the purpose of a statute of limitations. In most cases, if you failed to appear in court, and haven't paid the fine, the court has found you guilty and recorded the judgement. New edit 04-05-10: Is the summons for a village 'justice court'? New York village justice courts are bound by the New York Criminal Procedure Law. NY CPL Sec 30.30 seems to require that a violation be dismissed if more than 30 days have passed since your request for trial on the date you first appeared before the court (not counting any adjournments you may have requested). Of course, you should confirm this with a lawyer.
If the deposition is scheduled after the statute of limitations has expired do you still have to appear?
Absolutely, a deposition is testimony under oath. Appear at the appointed time with any documents that you have been asked to bring, DO NOT bring any other documents or materials. ALWAYS tell the truth. Listen very carefully to the questions, and THINK carefully before answering. If you do not understand the question, ask for it to be reread and/or explained. Do not speculate, make small talk and NEVER joke or behave disrespectfully. If you do not know the answer to a question just say so, do not try to "invent" a response. Always keep in mind you are under oath and subject to charges of perjury if you deliberately give misleading or false testimony. I am assuming that there was a complaint and summons filed within the statute of limitations from which the notice of deposition arises. If a suit was filed before the statute ran, then yes, you would be required to attend and answer questions under oath to the best of your recollection. If there was no suit filed within the statute of limitations, and a deposition was noticed in a late filed action, you could decide to decline to appear, unless the deposition notice was accompanied by a subpoena. In that case, you shoudl consult a local lawyer and attempt to have the notice of deposition quashed, and the suit thrown out. Otherwise, you are required to attend if you are a party to the suit.
