It was explained to you...then you posted on here TWICE that our understanding was wrong.
It is OBVIOUS that you have already convinced yourself and are only on here seeking validation of your viewpoint.
You need to consult with a local civil attorney about this matter - this forum is not for you...
The second set questions I asked were never answered. What I received was a series of ill-formed opinions based mis-readings of my very clear statements.
Deenorris said:
I spent time dickering with the plaintiffs over a settlement which has push[ed] me to close to the SOL of three years.
Zigner said:
If you have allowed your settlement negotiations to continue beyond the SOL, then you're...well...SOL.
Deenorris said:
There is no clear date when the loggers trespassed from the adjacent property to the plaintiff's, but it was not more then two months prior to the discovery of harm by the plaintiff.
Rexlan said:
If you are worried about the SOL in this instance then I think you have not been diligent at all. No reasonable person, unless they were out of the area or something, would let their property go unmonitored for "years".
As neither of these statements indicate that I a) am beyond the SOL nor b) that I failed to discover the damage for years. In fact, they clearly contradict the subsequently proffered opinions. To a reasonable person, is it obvious that the collective understanding on this thread was wrong, TWICE. However to
Rexlan's credit, he/she did read my response concerning her/his points with additional information about accessibility and frequency of inspections of the damaged area revised his/her opinion based on the new information.
On the other hand, all I get from
Zigner is more of the same and a statement that I am not correct for this forum. My mother always told me to remember that when you point a finger at someone, three fingers point back at you. Have a pleasant life.
That being said, I apologize for the above, but I don't suffer fools gladly. I appreciate the meaningful responses of
Tranquility and
Rexlan and look forward to a continuing dialog with them and similarly reasonable people.
To get back on track, my last set of questions were concerning stopping the clock (or more accurately satisfying the requirements to be within SOL when commencing an action).
There are several parties to the Action, natural and corporate. When does the clock stop? When the Index Number is purchased? When the complaint is filed on that Index Number? When service of the Summons and Complaint is complete? And if so, complete on everyone party?
Thanks in advance!