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 Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102141
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

In the State Florida History: I was sued by Discover Card

This answer was rated:

In the State Florida
History: I was sued by Discover Card and I answered the complaint; they then Disimissed the Law Suit without Prejudice on 4/12/2012.

Question: Can they refile a lawsuit or since it has been a year does this mean it is over as it pertains to their rights to file a new lawsuit?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

Question: Can they refile a lawsuit or since it has been a year does this mean it is over as it pertains to their rights to file a new lawsuit?

If they have filed a suit and then had it dismissed without prejudice, that means that they may still refile it, but only if it is within the statute of limitations.

The statute of limitations in Florida is five years per §95.11(2)(b. This means that they can sue you in five years of the debt first becoming past due.

If they are past that time, then they cannot sue you.

Them filing suit and then dismissing it does not "pause" or in any other way affect the underlining statute of limitations.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely and 3 other Legal Specialists are ready to help you