AOA CC Statute of limitations


Dear ithertz:

Greetings. Yes, the action will just hang there in limbo until your friend files a motion to dismiss. The statute of limitations deals with how long a party has to file a claim, not how long the claim takes to prosecute. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


My friend was served for AOA two yrs ago. He hired an attorney and responded with a denial. The plaintiff’s attorney then applied to the court to withdraw at attorney of record for the plaintiff because he realized that the whole thing was a scam and that there was no case. The attorney did not state that in his application to withdraw, however.
No further action has ever been taken.
My question is this …
Will this civil action just hang there pending and in limbo for ever?
Is there a statute of limitations on how long a case can remain active?