Legal Question in Credit and Debt Law in California

Statute of Limitations for cases Dismissed Without Prejudice

I am the defendant in a credit collection case and this is the order of what happened:

on 4/29/08- request filed and dismissal entered without prejudice as to entire action - disposition: not applicable

on 6/27/08 - judgment sent to joyce cram - disposition: not applicable

on 8/5/08 - clerk's tickler on consumer credit collections case - check for filing of default judgment within 360 days of filing complaint - disposition: vacated

my question is: is there a statute that limits the amount of time the plaintiff can pursue this case?

Thank you


Asked on 7/30/08, 12:47 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Statute of Limitations for cases Dismissed Without Prejudice

Even if the CA refiles the case within the statute, which they won't, you could argue prejudice from the delay. Now why on earth don't you have an attorney? You should be suing for malicious prosecution and FDCPA violations. Your attorney fees would be paid by the CA.

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Answered on 7/30/08, 4:21 am
Robert Mccoy Law Office Of Robert McCoy

Re: Statute of Limitations for cases Dismissed Without Prejudice

Yes, the plaintiff has 4 years from the date you made your last payment to file a civil lawsuit.

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Answered on 7/30/08, 4:36 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Statute of Limitations for cases Dismissed Without Prejudice

The statute of limitation on the original debt is either two or four years. The dismissed lawsuit did not revive the statute or restart the clock.

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Answered on 7/30/08, 12:52 am


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