How exactly does tolling work in credit card debt cases?
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How exactly does tolling work in credit card debt cases?
The debt is past the statue of limitations however the creditor is claiming that “tolling” allows them to continue to sue. They had previously filed a lawsuit regarding the same debt but it was dismissed without prejudice due to them not providing me with the requested documents. Did the clock stop on that debt permanently or was it only paused while the lawsuit was on-going?
Asked on May 29, 2012 under Bankruptcy Law, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
When the lawsuit was filed, that tolled the statute of limitations. Since the lawsuit was filed before the statute of limitations expired, the case can proceed. When the case was dismissed, it was dismissed without prejudice. A dismissal without prejudice means the case can be reinstated in the future. If the dismissal had been with prejudice, that would have meant that the case could not be reinstated in the future.
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