How long after my claim reaches the statute of limitations do I have to be served papers if I am being sued?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 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.
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