What is the name of your state (only U.S. law)? North Carolina
I was sued a few months ago on a credit card that was 3 years out of the statute of limitations. Through Discovery it is clear that the Plaintiff's attorneys don't have a single piece of evidence that the contract ever existed even between myself and the original credit card issuer, let alone evidence of when my last payment was made. They are aware that I am an attorney (I haven't practiced in years, so excuse my current ignorance as to the issues I am here asking about!) and that I have effectively and vigorously defended myself through this process. I am filing a Motion to Dismiss/Summary Judgment next week.
Then yesterday I had a little yellow tag on my door saying I was being served with another civil summons. I picked it up today and it is from the SAME attorney suing me on this first card that was out of the statute, and this credit card is at least FOUR years past the statute of limitations!
My questions are:
1. Can I file for sanctions under Rule 11 since they are knowingly suing me again on a matter that is out of the statute and are well aware I am not a defendant that will fail to show or defend themselves?
and
2. When should I file the motion? Before discovery- so I don't have to even deal with that whole process again, or wait until discovery is over?
Thanks!
I was sued a few months ago on a credit card that was 3 years out of the statute of limitations. Through Discovery it is clear that the Plaintiff's attorneys don't have a single piece of evidence that the contract ever existed even between myself and the original credit card issuer, let alone evidence of when my last payment was made. They are aware that I am an attorney (I haven't practiced in years, so excuse my current ignorance as to the issues I am here asking about!) and that I have effectively and vigorously defended myself through this process. I am filing a Motion to Dismiss/Summary Judgment next week.
Then yesterday I had a little yellow tag on my door saying I was being served with another civil summons. I picked it up today and it is from the SAME attorney suing me on this first card that was out of the statute, and this credit card is at least FOUR years past the statute of limitations!
My questions are:
1. Can I file for sanctions under Rule 11 since they are knowingly suing me again on a matter that is out of the statute and are well aware I am not a defendant that will fail to show or defend themselves?
and
2. When should I file the motion? Before discovery- so I don't have to even deal with that whole process again, or wait until discovery is over?
Thanks!