I just posted in FindLaw's Family law forum, subsection Marriage & Divorce, the subject: Statute of limitations. There is not enough space allowed in this little box for me to write enough information for YOU to give ME an intelligent answer. I humbly request you locate my post to answer a question re: a statute of limitations on frivolous suits. Else, there is no point in responding as there is no actual question contained here. Res ipsa locquitor.
Country relating to Question: United States
State (if USA): North Carolina
Patience, diligence, persistence.
Lex non curat.
Please provide a url to the forum post.Thanks in advance.
the URL is http://boards.answers.findlaw.com/n/pfx/forum.aspx?msg=96578.1&nav=messages&webtag=fl-family_law
NC Civil Procedure Rule 41(b) provides that a claim may be dismissed for one of three reasons: failure to comply with the rules, failure to comply with a court order, or failure to prosecute. There is no absolute time limit prescribed by law. In Wilder v. Wilder, 146 N.C.App. 574, 553 S.E.2d 425 (N.C.App. 10/16/2001), the court of appeals found that a divorce case filed in 1987, and which was subsequently dismissed by the trial court for failure to prosecute, should be reinstated, because dismissal is a last resort, and there were lesser sanctions which would provide a more equitable result.What the court of appeals really meant is that courts cannot dismiss divorce actions where property distribution has not been accomplished -- because if 13 years isn't too long to sit on one's rights and not prosecute their divorce, then probably no greater time will suffice.Thus the answer here is "no Statute of Limitations," and no time limit at all. If you want to "end the madness," then you will need to hire an aggressive lawyer and tell him/her to conduct whatever discover is necessary and bring this matter to trial as soon as possible, so that a court can rule and enter judgment. After that, you can move on with your life. I realize that you find the entire system a racket designed to fill attorney wallets and ruin participant lives. I agree. But, the system "is what it is," and you just have to make up your mind to play the game according to the insane rules, so that you can get it over with and get yourself out of the system.Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
Dear Socrateaser. Thank you for your reply. I admit I feel a little miffed, in that I can't tell if you really are an attorney, a clever kid in Islamabad who does tech support for BestBuy on the side or a psychologist. Still I would rate your reply as GOOD SERVICE,, though I could've spent the money in a bar and gotten laid by a horny milf and felt far better about being f*cked by the system.
I will research the precedents and statutes you quoted and see if I can light a fire under my attorney's lazy ass. Thank you again. I will look forward to more of your entertaining pole dancing as I circle the legal drain.
Damn. How does this guy know I have a pole?
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