Sol

[mzbmer]

What is the name of your state? MD

Hello All, In April of 2002 I loaned someone 1500.00, I have a written contract (and signed by them) that they would pay me back within 90 days, and of course they havent as of yet. In Jan 2003 I was called to active duty from the IRR, I have been on active duty since that time OIF/OEF, My question is In the state of MD the SOL for a written contract is 4 years, does the sol expire or can I still file in small claims court after I get released from active duty????

 

[badapple40]

the SOL is extended through your service (tolled) under the SSCRA. You still may want to file this though, just to get your judgment on the books.

 

[seniorjudge]

What is the name of your state? MD

Hello All, In April of 2002 I loaned someone 1500.00, I have a written contract (and signed by them) that they would pay me back within 90 days, and of course they havent as of yet. In Jan 2003 I was called to active duty from the IRR, I have been on active duty since that time OIF/OEF, My question is In the state of MD the SOL for a written contract is 4 years, does the sol expire or can I still file in small claims court after I get released from active duty????

http://usmilitary.about.com/cs/sscra/a/scra2_3.htm

I am NOT an expert on the servicemembers relief act.

However, it looks like that it covers servicemembers only when they are getting sued.

Let me suggest something, however.

File the small claims lawsuit now and ask for a continuance till after you get out and can appear.

Stand by for other opinions....

 

[mzbmer]

Thank you for your replys, I have already filed with Small claims court in Dec of 2003, so I do have something on file with them.

 

[fozzy2]

Generally speaking the SSCRA tolls (or halts) the running of a statute of limitations while you are on active duty (50 U.S.C. App. sec. 525). There are some important exceptions (like some matters involving real estate and, of course, IRS matters), but they don't seem like they would apply in your case.

However, the "Doctrine of Laches" has been used to attack suits that have been postponed. I doubt it would come up in a $1,500 suit, but you probably want to sue as soon as practical even if the statutes don't seem to require it.