If a case is dismissed without prejudice, can it be reopened after the Statue of Limitations has expired?
If a debt collector voluntarily dismisses a case, can they re-file or re-open it later, after the statue of limitations has expired?
As Ms. Erlich stated, you would have a defense to a 2nd case filed after the Statute of Limitations would bar such a refiling.
One thing you should be made aware of. Ordinarily, the running of a Statute of Limitations is an Affirmative Defense, which means you have to assert it when you file an Answer to the Complaint. However, there is case law in Florida that says that if the SOL can be determined from the face of the Complaint, then a Motion to Dismiss is proper.
Example: law suit is based on breach of a contract and there are no specific dates as to when the money is due--well, then all of the facts have to be fleshed out during the course of the litigation. But if there is a bill attached that says payment is due on MM/DD/YEAR and the case is filed after the SOL has run from that date, then you can move to dismiss the case, not wait til you Answer to try to get the case tossed.
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Yes, but you would have a good defense that the statute of limitations has expired and you would likely win a motion to dismiss (if the statute of limitations has indeed expired). Remember that anyone can file a lawsuit at anytime for anything. If a lawsuit is filed after the expiration of the statute of limitations, a defendant can easily get the case dismissed within a couple of months (at least in Illinois).
My response does not create an attorney-client relationship between us. My response is based upon the limited facts you have provided in your question and additional or differing facts would likely change the response. My response is a general answer to your question, is solely my opinion and should not be relied upon as legal advice. You should consult a local attorney to obtain specific legal advice and bring all relevant paperwork with you.
