Thursday, May 13, 2010

Is there statue of limitations to refile a dismissed civil case in massachusetts?

a civil case was brought against me, was then dismissed because of no show of the sueing party, its been two months now and the party is asking the court to refile the lawsuit, can this be done? thank you,Is there statue of limitations to refile a dismissed civil case in massachusetts?
The statute of limitations on the original action is the statute of limitations to refile. So, if the statute for whatever they sued you for is two years, they have two years from the date of the original claim to refile. There are some issues here that you need to know.





If the case was dismissed WITH PREJUDICE, this means they cannot refile the case at all. They can appeal this using whatever procedure Mass has in place.





If the case was dismissed WITHOUT PREJUDICE, this means they can refile the case at any time before the original statute of limitations, as I discussed above, runs.Is there statue of limitations to refile a dismissed civil case in massachusetts?
if the plaintiff did not make an appearance- then a default judgment of case dismissal is appropriate.





You must inquire with your lawyer because they must have granted a refiling. How else would you know of this unless you were re summoned?


If you received the writ (notice) then it must have been approved.





Give the subpoena to your lawyer. He or she (your lawyer) should know if refiling a dismissed case is valid.
I could be wrong but I think they have a one year stat limit
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