I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.
Statutes of limitation are absolute and can not be "extended" by filing a form or paper or in any other manner. Talk to your attorney. There may or may not be reasons for failure to file prior to the deadline in the statute of limitations. One thing is for sure, once the statute kicks in, that is in fact the end of the claim. There are no "extensions" or excuses.
See the article linked below for more:
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
Michael and Christian are correct. If you file the Praecipe for Writ of Summons yourself, make sure it is served on all defendants within 30 days. If for some reason you lose your case because it was not filed on time, you may have a malpractice case against your former lawyer, but you will have to prove that you would have won your underlying case.
I believe you have received some great responses from the other attorneys. Best of luck, I hope it worked out for you.
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