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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3044
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I live in South carolina and answered a creditcard lawsuit

Resolved Question:

I live in South carolina and answered a creditcard lawsuit back in Sep 2012...I was just servered with papers for a motion for Summary Judgemenet. The Credit card acct just went past the 3 year statute of limitation, can I file for dismissal for this reason?
Submitted: 3 years ago.
Category: Legal
Expert:  Thomas Swartz replied 3 years ago.
Hello JACUSTOMER,

No. For the purposes of the statute of limitations, the relevant time period is when the summons and complaint are filed with the court. A lawsuit is commenced when the summons and complaint are filed with the court (South Carolina Code of Law § 15-3-20). Thus, if the summons and complaint were filed within the 3 year period of the statute of limitations, the lawsuit is timely commenced and the statute of limitations does not apply. It does not matter that a Summary Judgment motion was made after the statute of limitations expired. What matters is when the summons and complaint were filed.

Thomas
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