Re-Filing Lawsuit

You may retain new counsel and they will be able to pick up the lawsuit where it exists right now. When you interview new attorneys, I would make sure they are aware this problem exists. I would check with your attorney about the reason for the delay before taking this route, sometimes there are reasons why this has not been done and your attorney may be able to explain it to you if there is a specific reason this deadline has not been adhered to. Once a lawsuit has been filed and the parties have started the process, it would be rare for the lawsuit to be dismissed and refiled.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.

If you had a consent order drawn up for ED and separated for under one year, the order was not signed by the STBX, the plaintiff Attornery was not providing the expected services to get the order to be signed, you have gone past the 120 days for getting an Inventory Affidavit for the ED Lawsuit that would be submitted to the court, and you are considering to fire the plaintiff Attorney for poor performance.

If you hire another Attorney, can that attorney pickup the ED Lawsuit or will it have to be re-filed? If you have to re-file does the 120 rule resets?