Can a defendant still be sued if they are not served within the statute of limitation?
My friend got into a car accident (she was at-fault). If she was not served with a lawsuit within the statute of limitation (a 2 year period for Ontario, Canada), is she still able to be sued? Note that the lawsuit was filed within the statues of limitation (within the last week of it expiring), but she was unaware that it was commenced by the plaintiff until after the 2 year period.
Note that she was not yet served the papers, but she is now aware (from sources other than the plantiff) that they are trying to contact her to serve her. How long do they have to serve her before the lawsuit expires?
It doesn’t matter when she was served. As long as it was filed within the 2 year window then that is all the Court cares about. It’s the filing date that matters.
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Does the statute of limitation law still exist in california ?
Ok now I’ve been told by reliable sources that it in fact does not exist.Then some lawyer I talked to said it does, but the court process cannot have begun and you must still be considered a suspect.I believe its 1 yr. for misdameanors and 3 for felonies.
Yes, it still exists, but only if you were never caught or charged with the crime.
There is no statute of limitation if you were arrested or charged.