Can I be charged with a case that was filed six years ago? How? 5 Answers as of July 03, 2015

In 2014, I was served with a summons concerning money owed to an accountant in 2012. I was not in a financially sound condition to pay at that time. The bill was agreed to be about $9000. I received no bills from 2011 until 2014. Then the summons came in the amount of $33,000. I called and was told since I didn't pay the accountant, they wanted his full payment and not just the agreed amount (a mutual friend had introduced us). I hired a lawyer who asked for detailed bills for the claim. About a month later, the accountant's lawyer informed my lawyer that the accountant can't find any records. I did not hear anything after that until today when a letter from the accountant's attorney came stating his client has now found the records and wants to meet to discuss the bill or they will proceed with the case since it was never formally dismissed. Is this true? Can a case be filed and sit at the court with no action and then suddenly 6 years later the plaintiff decides to pursue the case? Also, isn't the statute of limitations over? Thank you for any advice.

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Stephens Gourley & Bywater | David A. Stephens
It could be true. The statute of limitation may have run before they filed suit, especially if there is no written retainer. The delay after they filed suit may also be grounds to file a motion to dismiss.
Answer Applies to: Nevada
Replied: 7/3/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You should have filed a motion to dismiss for failure to prosecute, but since you did not then they can proceed. No, the statute of limitations is 6 years from when it defaulted but the previous summons preserves their time.
Answer Applies to: New York
Replied: 7/2/2015
Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
The statute of limitations runs until filing of suit. There is a duty in Illinois to serve within the statute, but that seems to have been done. If the case is not dismissed, there is no time limit within which action must be taken to prosecute it in Illinois. I would check the docket to make sure it is still active; Illinois courts typically have case management dates to trigger dismissals if a case is not prosecuted.
Answer Applies to: Illinois
Replied: 7/2/2015
Law Office of Joshua R.I. Cohen
Law Office of Joshua R.I. Cohen | Joshua Cohen
IF the case was never dismissed, then yes, it sat for 6 years. Statute of limitations is how long they have to sue you. Once you are served, the SOL is satisfied.
Answer Applies to: Connecticut
Replied: 7/2/2015
Bensamochan & Poghosyan LLP | Eric Bensamochan
The statute of limitations is four years from the date of the last billing. If more than that amount of time has passed, then you have an affirmative defense and the case can be dismissed.
Answer Applies to: California
Replied: 7/2/2015
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