Charlotte, NC asked in Consumer Law and Civil Litigation for North Carolina

Q: Does the statue of limitations restart just because the credit company has filed a lawsuit?

Their initial civil lawsuit was submitted in 2021 but their request for default judgment against me was denied by the judge. They have requested an appeal to the denial of the judgment request and that is still pending even though the time barred started in 2023. Can the lawsuit get dismissed after being initiated if no resolution is found before the statue of limitations is reached?

1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
Answered
  • KERNERSVILLE, NC
  • Licensed in North Carolina

A: The filing date of the lawsuit controls the statute of limitation and it has been preserved while on appeal even though so many years has passed. Therefore, if the lawsuit was filed prior to the day the statute of limitation passed, it was filed on time, and it remains filed on time now. Good luck.

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