Can I use the SOL as a defense if a creditor filed before the expiration of the SOL but served me 8 months later after the SOL had passed?

Asked on August 17, 2012 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately for you under the laws of all states in this country the filing of the lawsuit that you have written about by a creditor against you before the statute of limitations ran but where it was served upon you after the the statute of limitations ran does not provide you with a valid defense under the statute of limitations.

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