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AZSunshine82

Statute of limitations for Arizona for woman who injured my dog

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I am civilly suing someone for a injuring my dog to the point that he had to be euthanized.  My question is...I know the statute of limitations for this type of case is 2 years.  I filed a criminal complaint and she was charged so if I understand correctly that extends the limitations an additional year from the date of court disposition.  I filed the suit in small claims already and the paperwork says I have 120 to serve her  Do I have to have her SERVED before the statute of limitations expires or did I just have to FILE before it expired?  The statute of limitations expired during the 120 days I have to serve her.   

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The court filing meets the requirement of the statute of limitations.  You have to have her served within 120 days to meet the requirement of the rules of the court, or the case will be dismissed, and a refiling may be barred by the statute of limitations, which you said has expired after you filed.

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I am civilly suing someone for a injuring my dog to the point that he had to be euthanized.  My question is...I know the statute of limitations for this type of case is 2 years. 

 

True (ARS 12-542)

 

 I filed a criminal complaint and she was charged so if I understand correctly that extends the limitations an additional year from the date of court disposition. 

 

Also true (ARS 12-511A).

 

I filed the suit in small claims already and the paperwork says I have 120 to serve her  Do I have to have her SERVED before the statute of limitations expires or did I just have to FILE before it expired?  The statute of limitations expired during the 120 days I have to serve her.   

 

Now I'm confused. If this is the incident with the groomer that you described last July, how is the 3 year limitation expired?

 

Here's the prior thread:

 

https://boards.answers.findlaw.com/index.php/topic/234481-elderly-dog-abused-by-groomer-had-to-be-euthanized/#entry577239

 

You haven't said where in AZ you are but I believe all of our small claims courts allow service by certified mail.

 

The problem with that (in my own experience) is that people duck certified mail as bad news, the USPS makes two or three attempts at delivery and you won't know for about 3 weeks that it was undeliverable.

 

Personally, I suggest you avoid that possibility and go straight to a private process server and get it done quickly and properly.

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Do I have to have her SERVED before the statute of limitations expires or did I just have to FILE before it expired? 

 

Just filed, and, if you're unable to effect service within the time required, you can ask the court for an extension so that the case doesn't get dismissed.

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