How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 18098
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Legal Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

I noticed that a pending suit from a lawyer/collection

Customer Question

I noticed that a pending suit from a lawyer/collection agency recently changed status to "Dismissed L.O.P. Can the plaintiff ask for extensions so the process server can continue to try to serve me?
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes. A credit card sold the debt to collection company who is also a law office. They sent proces servers who have never successfully served me. Then, the servers stopped coming for months. They started again so I checked the local civil court case and found that the judge had Dismised Due to Lack of Prosecution. I don't know if it was with or without prejudice. The process server had come a few days before the judge dismissed it. so, I thought it was over. But, a few days later, the process server tried again. Do they nor know it has been dismissed or has the plaintiff likely requested an extension? How long can they request extensions if the process server never serves me?
JA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 11 months ago.
Category: Legal
Expert:  Phillips Esq. replied 11 months ago.

In order to know the exact status of your case, you must go to the local Courthouse where your case is pending and request to review the Docket. The Docket would show what the Plaintiff has filed with the Court to date.

If the case is dismissed for lack of prosecution, it is usually done without prejudice meaning that the Plaintiff can refile the case and try to serve you. There is no quota on the number of requests for extensions.

Customer: replied 11 months ago.
If they refile the case, does the Statute of Limitations get considered? They filed the original about a month before the statute was up. I think it is 4 years they have to file in New Mexico. That was a year ago now. So would it be too late to refile? Will the judge grant endless extensions on the original file?
Expert:  Phillips Esq. replied 11 months ago.

If they refile the case, does the Statute of Limitations get considered?

Response 1: Yes, because the case would be treated as a new case.

They filed the original about a month before the statute was up. I think it is 4 years they have to file in New Mexico. That was a year ago now. So would it be too late to refile?

Response 2: It would be too late to refile, but that does not mean that they would not be allowed to refile. The burden is on you after they refile to file Motion to Dismiss because the case is now time barred, that is, the Statute of Limitations has run on the case. If you do not challenge it, the case would proceed.

Will the judge grant endless extensions on the original file?

Response 3: No.

Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this.

Thank you for your cooperation.