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Asked in CA May 18, 2022 ,  0 answers

in California if a collection agency sues me before the 4 years and the default judgement isn't until after the 4 years is that still ok? or do they both have to be done before the 4 years?

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6 Answers

Anonymous
Reply

Posted on / Jan. 18, 2017 15:40:00

I just write to point out that Mr. Cohen is mistaken that the court can dismiss a filing made after three years from the cause of action accruing. The discretionary three-year dismissal is for failure to bring a case to trial within three years after it is filed, not three years after the cause of action accrues. The statute of limitations creates a deadline for FILING a lawsuit. The discretionary three-year and mandatory five-year dismissal rules are AFTER the case is filed.

Anonymous
Reply

Posted on / Jan. 18, 2017 15:40:00

I just write to point out that Mr. Cohen is mistaken that the court can dismiss a filing made after three years from the cause of action accruing. The discretionary three-year dismissal is for failure to bring a case to trial within three years after it is filed, not three years after the cause of action accrues. The statute of limitations creates a deadline for FILING a lawsuit. The discretionary three-year and mandatory five-year dismissal rules are AFTER the case is filed.

Anonymous
Reply

Posted on / Jan. 18, 2017 15:40:00

I just write to point out that Mr. Cohen is mistaken that the court can dismiss a filing made after three years from the cause of action accruing. The discretionary three-year dismissal is for failure to bring a case to trial within three years after it is filed, not three years after the cause of action accrues. The statute of limitations creates a deadline for FILING a lawsuit. The discretionary three-year and mandatory five-year dismissal rules are AFTER the case is filed.

Anonymous
Reply

Posted on / Jan. 18, 2017 15:40:00

I just write to point out that Mr. Cohen is mistaken that the court can dismiss a filing made after three years from the cause of action accruing. The discretionary three-year dismissal is for failure to bring a case to trial within three years after it is filed, not three years after the cause of action accrues. The statute of limitations creates a deadline for FILING a lawsuit. The discretionary three-year and mandatory five-year dismissal rules are AFTER the case is filed.

Anonymous
Reply

Posted on / Jan. 18, 2017 15:40:00

I just write to point out that Mr. Cohen is mistaken that the court can dismiss a filing made after three years from the cause of action accruing. The discretionary three-year dismissal is for failure to bring a case to trial within three years after it is filed, not three years after the cause of action accrues. The statute of limitations creates a deadline for FILING a lawsuit. The discretionary three-year and mandatory five-year dismissal rules are AFTER the case is filed.

Anonymous
Reply

Posted on / Jan. 18, 2017 15:40:00

I just write to point out that Mr. Cohen is mistaken that the court can dismiss a filing made after three years from the cause of action accruing. The discretionary three-year dismissal is for failure to bring a case to trial within three years after it is filed, not three years after the cause of action accrues. The statute of limitations creates a deadline for FILING a lawsuit. The discretionary three-year and mandatory five-year dismissal rules are AFTER the case is filed.

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