A plaintiff facing a soon-to-expire limitations period may feel a rush of relief when the complaint is clocked in to the clerk’s office on time and the summons is ready for service. Even after filing, though, it’s too early to stop watching the clock. Failing to observe Rule 4’s time limits on service can also create a statute of limitations problem.
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Tag: statute of limitations
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So someone forgot to draft that QDRO. Now what?
An equitable distribution judgment was entered 11 years ago. The order states plaintiff is entitled to a percentage of defendant’s retirement pay when defendant begins to receive it. The judgment also states that plaintiff’s counsel will draft a QDRO. Now it is time for defendant to retire but no one ever drafted a QDRO. Is there a problem? Can the court enter one now?