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  1. #1
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    Default Debt Collector Attorney Had Case Reopened After Statute of Limitations Passed

    My question involves collection proceedings in the State of: Florida
    A debt collection attorney filed a lawsuit for credit card debt seventy five days before the statue of limitations reached. No court activity for eighteen months. The case was called by the Judge, I went and the plaintiff didn't so I asked for the case to be dismissed and the case was dismissed. Next week plaintiff filed motion asking the Judge to reopened the lawsuit and was granted it. The statue of limitation for this debt ran out sixteen months ago. A hearing date is set. Where do I stand in front of the Court?

  2. #2
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    Default Re: Debt Collector Attorney Had Case Reopened After Statute of Limitations Passed

    Off to the right.
    "Where do those stairs go?"
    "They go up!"

  3. #3
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    Default Re: Debt Collector Attorney Had Case Reopened After Statute of Limitations Passed

    Quote Quoting sega
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    My question involves collection proceedings in the State of: Florida
    A debt collection attorney filed a lawsuit for credit card debt seventy five days before the statue of limitations reached. No court activity for eighteen months. The case was called by the Judge, I went and the plaintiff didn't so I asked for the case to be dismissed and the case was dismissed. Next week plaintiff filed motion asking the Judge to reopened the lawsuit and was granted it. The statue of limitation for this debt ran out sixteen months ago. A hearing date is set. Where do I stand in front of the Court?
    Did you respond to the motion and fight against having the case reinstated?

  4. #4
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    Default Re: Debt Collector Attorney Had Case Reopened After Statute of Limitations Passed

    Quote Quoting sega
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    The statue of limitation for this debt ran out sixteen months ago.
    It didn't. The statute of limitations is the deadline for FILING a lawsuit. It was filed before the SOL ran out.

    It was dismissed without prejudice which means that further action may be taken without being impacted by the SOL.

    Quote Quoting sega
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    Next week plaintiff filed motion asking the Judge to reopened the lawsuit and was granted it.
    When you were served a copy of the motion did you respond to it, explaining why it shouldn't be granted? If you didn't respond it meant you didn't object to it and it was granted because the judge accepted the plaintiff's reason.

    Quote Quoting sega
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    A hearing date is set. Where do I stand in front of the Court?
    Same place you stood when you first got sued.

  5. #5
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    Jul 2018
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    Default Re: Debt Collector Attorney Had Case Reopened After Statute of Limitations Passed

    Quote Quoting sega
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    A debt collection attorney filed a lawsuit for credit card debt seventy five days before the statue of limitations reached. No court activity for eighteen months. The case was called by the Judge, I went and the plaintiff didn't so I asked for the case to be dismissed and the case was dismissed. Next week plaintiff filed motion asking the Judge to reopened the lawsuit and was granted it. The statue of limitation for this debt ran out sixteen months ago. A hearing date is set. Where do I stand in front of the Court?
    I assume what your oddly worded question is actually asking is how the statute of limitations applies to your case in light of the dismissal and the subsequent order vacating the dismissal and "reopening" the case. The answer is that the "reopening" of the case returns it to where it was before it was dismissed. Since the lawsuit was filed before the statute of limitations expired, the SOL has no impact.

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