SOL question in NJ

[otsbork]

What is the name of your state? What is the name of your state? NJ
I received a Summons on 1/5/2003 for an accident I was in on 10/27/2001. The complaint was signed by the defendant's attorney on 10/17/2003, but wasn't recorded with the county court until 12/5/2003.

NJ has a 2 year Statute of Limitation on Personal Injury Lawsuits. My question is which date applies to filing the lawsuit: the date she apparently met the attorney and he filled out the complaint, or the date it was filed with the county? Is their lawsuit past the Statute of Limitations?

 

[I AM ALWAYS LIABLE]

What is the name of your state? What is the name of your state? NJ
I received a Summons on 1/5/2003 for an accident I was in on 10/27/2001.

MY RESPONSE: I think you meant to say 1/5/2004.


The complaint was signed by the defendant's attorney on 10/17/2003,

MY RESPONSE: Irrelevant when a complaint is signed.



but wasn't recorded with the county court until 12/5/2003.

MY RESPONSE: Now, that's relevant. If the court's filing stamp is more than 2 years from the date of the accident, then you have an ABSOLUTE, unequivocal, defense - - it's called the Statute of Limitations.

I hope the attorney has Error and Omissions insurance coverage because he's bound to be sued for blowing the Statute.

Remember, you still need to file your Motion to Strike to the complaint, with your discussion and argument based upon the Two Year Statute of Limitations. Once heard by the court, the complaint will more than likely be thrown out. However, on the off-hand chance that the court doesn't throw out the complaint, you'll also still need to file an Answer to the complaint. One of your Affirmative defenses to the complaint will be the Statute of Limitations.

Good luck.

IAAL

 

[otsbork]

Thank you for your response. You are correct in that I meant 1/5/2004. I sent the Summons by certified mail to my Insurance Company with a note regarding the filing date. I will follow up with them as to the proceedings.

Why would an attorney file a lawsuit he would know to be past the Statute of Limitations? Was he hoping I would not answer the complaint and default judgement?

Who would sue the attorney for violation of the Statute?

Once again, thanks for the advice.

 

[JETX]

"Why would an attorney file a lawsuit he would know to be past the Statute of Limitations?"
*** Either he/she is incompetent, or they were simply playing 'bluff' with you and hoping you wouldn't notice.

"Was he hoping I would not answer the complaint and default judgement?"
*** Possibly.

"Who would sue the attorney for violation of the Statute?"
*** The plaintiffs in your action. They are the ones who hired this attorney and the attorney apparently blew it on the filing of their case....... and they might now sue him for his negligence in failing to file in time.