In 2002 we rented a house to some bad people. They trashed the house and to make a long story short we attempted to take them to small claims court but they disappeared and had to close the case because we could not find them to be served. It is almost 6 years later and we know where they are at but I think too much time has passed. Can I still pursue this or am I just SOL??
2007-12-12 06:49:57 · 5 answers · asked by K 2 in Politics & Government ➔ Law & Ethics
This was in Texas, which Im not sure on the laws.
2007-12-12 07:03:04 · update #1
Contact the court and ask. Different jurisdictions different rules and the closed suit makes things even more odd.
2007-12-12 06:56:07 · answer #1 · answered by wizjp 7 · 1⤊ 0⤋
You're SOL.
Generally, the only thing that can toll (suspend or extend) the statute of limitations are: (1) you didn't discover the act until a long time later; or (2) you or the defendant were under a disability (either under age or legally incapacitated).
Sounds to me like none of this applies.
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2007-12-12 06:58:36 · answer #2 · answered by scottclear 6 · 1⤊ 0⤋
If you can't find someone to serve them, then each state has a process for "service by publication" where you can serve them just by running the summons on the legal notices section of your newspaper for a set period of time.
If you do that, then go to court, you'll get your judgment.
Whether the current time frame means that you're too late to do this dpends on the Statute of Limitations laws of your State, which you didn't name.
Richard
2007-12-12 07:00:39 · answer #3 · answered by rickinnocal 7 · 1⤊ 0⤋
Generally, you are just SOL, but I would contact someone at the court house to clarify. They would know of any alternative routes you could go to get around that.
2007-12-12 06:57:32 · answer #4 · answered by KD 5 · 1⤊ 0⤋
The only way you could pursue it is if the person was out of state during that period. The statute of limitations is tolled while the person is out of Texas.
2007-12-12 08:20:01 · answer #5 · answered by James 7 · 1⤊ 0⤋