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bizlaw, Attorney
Category: Legal
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in an in rem foreclosure case in the State of Florida brought

Customer Question

in an in rem foreclosure case in the State of Florida brought by the DOJ/IRS to try to enforce a tax lien (whose underlying debts have been discharged in bankruptcy) which is the date that starts tolling the SOL...the filing date of the suit? or the serving of the suit?

Submitted: 3 years ago.
Category: Legal
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Expert:  bizlaw replied 3 years ago.

Was this in federal or state court?

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Customer: replied 3 years ago.

in rem action is in federal district court of florida

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Expert:  bizlaw replied 3 years ago.

The filing of the action in the federal court assuming service is effected within 120 days of the filing tolls the statute of limitations.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer: replied 3 years ago.

 

THIS IS NOT THE QUESTIONS THAT WAS ASKED..

 

READ THE QUESTIONS AGAIN, it has to do with specifics.

Issues involved are:

in rem litigation by the IRS in the State of Florida

when is suit effective, time of filing or time of service/publication?

 

SO FAR NOT SATISFIED WITH RESPONSE

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Expert:  bizlaw replied 3 years ago.

The suit is effective on filing. If service is not made within 120 days then the suit has to be refiled. This is the answer to the question you asked of when the suit is effective.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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