Author Topic: SOL - NC, with an added twist  (Read 1584 times)

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suemepunk

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Re: SOL - NC, with an added twist
« Reply #15 on: March 10, 2012 12:34:13 AM »
The fact they sued and abandoned the suit should not change the original SOL.   While I will leave it up to you to confirm this,  I believe the clock starts at the 1st late payment in NC.   This is my opinion based on input from my lawyer.

When they charged off is not relevant in NC (per my lawyer).

You need to confirm this.


suemepunk

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Re: SOL - NC, with an added twist
« Reply #16 on: March 10, 2012 12:48:07 AM »
Call them and find the last payment made.  I think it has been said but do not admit to anything.

suemepunk

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Re: SOL - NC, with an added twist
« Reply #17 on: March 10, 2012 01:09:12 AM »
Are they the OC or a JDB?

kevinmanheim

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Re: SOL - NC, with an added twist
« Reply #18 on: March 10, 2012 12:53:15 PM »
NC RCP -- Rule 41. Dismissal of actions.
(a)        Voluntary dismissal; effect thereof.

(1)        By Plaintiff; by Stipulation. Subject to the provisions of Rule 23(c) and of any statute of this State, an action or any claim therein may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before the plaintiff rests his case, or; (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of this or any other state or of the United States, an action based on or including the same claim. If an action commenced within the time prescribed therefor, or any claim therein, is dismissed without prejudice under this subsection, a new action based on the same claim may be commenced within one year after such dismissal unless a stipulation filed under (ii) of this subsection shall specify a shorter time.


 

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