Legal Question in Credit and Debt Law in North Carolina
I was sued by a credit card company in August, 2011. I filed an answer to the complaint at that time. They declined to take it farther. Now in, July, 2015 they have refiled. Does the statute of limitations of three years not apply?
1 Answer from Attorneys
Of course it applies. I don't know what was really done though.
If you filed a timely answer, how can the lawsuit be re-filed unless the first lawsuit was withdrawn? a creditor has only 1 year to re-file a lawsuit. So what do you mean that "the creditor declined to take it farther?" That is not really possible. A lawsuit is either withdrawn voluntarily or resolved in some way - dismissed by the court or a judgment is entered.
So something does not sound right here. If it is the same claim and what you say is true, then there is definitely a statute of limitations issue and you need to get up with a litigation attorney NOW. You will have to file another answer to this new lawsuit.
I do not do litigation really, but there are attorneys who do.
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