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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.
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.
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