Small claims court and statute of limitations

[mrogre]

From Iowa

Very technical question regarding small claims court.

Suing the Defendant. The paperwork was dropped within the 2 year of the harm to us Plantiffs. The Defendant was served within the 2 years (we have a check from the sheriff to verify this) however the court case is scheduled about a month after the 2 years. Does the statute of limitations apply or not.

Thank you

 

[I AM ALWAYS LIABLE]

From Iowa

Very technical question regarding small claims court.

Suing the Defendant. The paperwork was dropped within the 2 year of the harm to us Plantiffs. The Defendant was served within the 2 years (we have a check from the sheriff to verify this) however the court case is scheduled about a month after the 2 years. Does the statute of limitations apply or not.

Thank you

My response:

Once the Complaint is FILED with the court clerk, it doesn't matter when the hearing occurs. The Limitations period has been "tolled" at that point. Therefore, it only applies to the filing date and not the serving date, and not when the hearing occurs.

You're safe.

IAAL

 

[mrogre]

Appreciate it, I'll let you know how the court case goes. I was wondering if I should have presented the contract or see if I could have evaded mentioning that.

 

[I AM ALWAYS LIABLE]

Appreciate it, I'll let you know how the court case goes.

MY RESPONSE: Why? Is there something about it that would interest me?



I was wondering if I should have presented the contract or see if I could have evaded mentioning that.

MY RESPONSE: Evaded? Did you mean to say, "avoid"?


IAAL

 

[mrogre]

evade

v 1: avoid or try to avoid fulfilling, answering, or performing (duties, questions, or issues); "He dodged the issue"; "she skirted the problem"; "They tend to evade their responsibilities"; "he evaded the questions skillfully"

source: dictionary.com



Anyway, Thanks about the 2 year statute response, scared the crap outa me as of today. We had our case and I can't tell whether the judge sided with me or not. Seemed to ignore, question, and chastise the both of us, but I just kissed his hiney "thankyou", "no sir"...Anyway, he will rule in 3 days, hope all goes well...And mediation is a bunch of BULL----. I enjoyed how they let this piece of crap scream very loudly at me, and when I protested about him grilling me the moderator is "you must give them their turn, but maybe you should lower your turn" and he kept doing it and I'm saying, "if he isn't going to lower his tone, christ I don't want mediation lets take this to trial"... "Oh but he deserves some more turns to speak for mutual understanding"... (Oh lord...)



I assumed you'd care, I'm a regular computer free support helper at computing.net, I'm quite the computer nerd, I like to know how things go with people, thought you were one of those people who likes to know.