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    bliig720's Avatar
    bliig720 Posts: 17, Reputation: 1
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    #1

    Jun 12, 2008, 11:35 AM
    Timeframe in the statute of limitations in a civil case
    Can you take someone to small claims court IF you filed the papers with the court and had them served with the summons to appear before the statute of limitations runs out BUT the actual court date is after that date?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 12, 2008, 11:41 AM
    Quote Originally Posted by bliig720
    Can you take someone to small claims court IF you filed the papers with the court and had them served with the summons to appear before the statute of limitations runs out BUT the actual court date is after that date?


    Yes - you must FILE before the Statute runs. The actual Court date does not matter.
    bliig720's Avatar
    bliig720 Posts: 17, Reputation: 1
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    #3

    Jun 12, 2008, 11:52 AM
    Quote Originally Posted by JudyKayTee
    Yes - you must FILE before the Statute runs. The actual Court date does not matter.

    I did file before the Statute runs out... and I did get the opinion of the courts but I wanted another opinion and to check to make sure I really am OK. The paperwork is all finalized and dated. I was just told by another person that it needed to be settled before the date and that made me question what I was told by the court system. Thank you for your reply.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jun 12, 2008, 01:54 PM
    Quote Originally Posted by bliig720
    I did file before the Statute runs out... and I did get the opinion of the courts but I wanted another opinion and to check to make sure I really am ok. The paperwork is all finalized and dated. I was just told by another person that it needed to be settled before the date and that made me question what I was told by the court system. Thank you for your reply.


    Nope, that's not the case. You are 100% in the clear as long as you comply with all other Statutes and time frames.

    If you get a chance come back and let us know if you won or lost!
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