Case Dismissed, Can they Refile?

[andersona1]

What is the name of your state (only U.S. law)?
California

I was sued for approximately 30,000.00 due to a student loan. I made my last payment 4/2011, and default happened 5/2011, with no payment arrangements agreed to after that date. So the SOL started from that point. I was sued 11/2014, and the attorney subsequently dropped the lawsuit 05/2016.

If I read this right, tolling of the SOL started at teh start of the first case, but because the Creditors dropped the lawsuit, does this in effect mean that they are over the date of the SOL since it would have been 5/2015. This means any refile would be past the SOL, and subsequently I could argue I do not owe due to this cause.

 

[FlyingRon]

No, the SOL for the refiling of the suit is not TOLLED for the time the first suit was active. Pretty much decided in Thomas v. Gilliand in your state.

http://law.justia.com/cases/california/court-of-appeal/4th/95/427.html

 

[justalayman]

Is this a private student loan or federally backed student loan?

The first is limited by the state statute of limitations. The latter has no limit as to being sued for the debt

 

[andersona1]

Is this a private student loan or federally backed student loan?

The first is limited by the state statute of limitations. The latter has no limit as to being sued for the debt

Its a private loan.

 

[LdiJ]

Its a private loan.

Its actually a bit weird that the attorney dropped the lawsuit, and also that the attorney let it drag on so long. Do you have any idea why that happened?

 

[andersona1]

Its actually a bit weird that the attorney dropped the lawsuit, and also that the attorney let it drag on so long. Do you have any idea why that happened?

The attorney's were denied their order for judgement due to a number of issues. Image of declarations are located https://www.dropbox.com/s/zlch2ubw8ww2hfs/Screen%20Shot%202016-07-04%20at%202.44.49%20PM.png?dl=0 In addition they checked the wrong boxes on forms according to a note on another page of the decision. 2 Weeks later they filed to dismiss.

 

[LdiJ]

The attorney's were denied their order for judgement due to a number of issues. Image of declarations are located https://www.dropbox.com/s/zlch2ubw8ww2hfs/Screen%20Shot%202016-07-04%20at%202.44.49%20PM.png?dl=0 In addition they checked the wrong boxes on forms according to a note on another page of the decision. 2 Weeks later they filed to dismiss.

Unfortunately that is not helpful. That does not help anyone have a clue as to whether or not they can refile and correct their previous deficiencies.

 

[andersona1]

Unfortunately that is not helpful. That does not help anyone have a clue as to whether or not they can refile and correct their previous deficiencies.

They may be able to refile, but from my understanding based on the Thomas case above, their refile of a new case would force the case to be outside of SOL. I am not asking about ability to refile, I am asking more about SOL and their ability to Toll the SOL on the basis of the lawsuit pausing it. BUt based on the referenced appeals case, it appears I am outside of the SOL.

 

[justalayman]

So be prepared if they refile to respond with a proper answer. Be prepared to back up your argument of the sol having expired. Failure to do that will likely result in s judgment against you.