Is there a time frame were a civil suite due to a car accedint can be dropped

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Is there a time frame were a civil suite due to a car accedint can be dropped

I was in a car accedent back in 02′ I have been taken to court several times and givin the same responce I dont have anything for them to garnish. its also been proven in the courts that i dont have anything. is there a time frame where they can stop trying to collect somthing that i dont have. Its going on 7 yrs now

Asked on May 5, 2009 under Accident Law, Kansas

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is not clear if there actually was a lawsuit filed against you which resulted in a judgment.  If that is the case, the law in Kansas is that the prevailing party has 5 years to collect on the judgment.  However, in Kansas, the time period is renewable at the court's discretion.  In other words, this can go on for quite some time or for the rest of your life.  If there never was a lawsuit, the statute of limitations for a claim against the responsible party to an auto accident for both property damage and bodily injury is 2 years, and you would be off the hook.  If a lawsuit was filed within the statute of limitations, but never pursued, you can usually file a motion to dismiss the lawsuit after a year.  If that is the case, speak to an attorney for assistance.


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