How long after my claim reaches the statute of limitations do I have to be served papers if I am being sued?

UPDATED: Oct 1, 2022

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How long after my claim reaches the statute of limitations do I have to be served papers if I am being sued?

I rear-ended an elderly man and his wife, who were pulling a boat. There were

originally 3 claims, 1 for each person due to soft tissue damage and 1 for the

vehicle. The last time I spoke to my claims adjustor, they told me 2 of the 3

claims were closed but 1 bodily injury claim was still open and that was all they

could tell me. The person I rear ended has had an attorney from the beginning. We have reached the statute of limitations in my state 3 days ago. How long do they have to actually serve me with papers if i am being sued? How will I know if I am or am not being sued? I know they would’ve had to have filed the lawsuit before the statute of limitations has been reached but have so many days to serve papers.

Asked on November 9, 2018 under Accident Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no hard and fast limit on how long they have to serve the papers on you after serving, so you could, unfortunately, be up in the air about this for several months. Many states, like my own (NJ) have court websites where members of the public can search online for complaints and cases; call your local court clerk's office to see if your state does, too, and if so, you can do an online search to see if anything has been filed against you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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