Case Dismissal Outside Court

Summary

A case can be dismissed outside of court through settlement agreements, motions to dismiss, or voluntary withdrawal. In Oklahoma, the statute of limitations for written contracts is typically 5 years. If a contract signed on 4/12/2017 is involved, it may be unenforceable due to the statute of limitations. In a Chapter 7 bankruptcy, the primary owners obligations may be discharged, but the cosigner might still be liable unless the debt is also discharged for them. Understanding these factors can help in managing potential liabilities.

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Can a case be dismissed outside of court?
Yes, a case can be dismissed outside of court through several methods, such as:
- Settlement agreements between parties.
- Filing a motion to dismiss by the plaintiff or defendant.
- Negotiations resulting in a voluntary withdrawal.
Could you specify the type of case you're referring to and your location? This will help provide more tailored information.
Breach of contract in Oklahoma City Oklahoma
For a breach of contract case in Oklahoma City, Oklahoma, here are some key points:
- Breach of Contract: When one party fails to fulfill their obligations as outlined in the contract.
- Methods of Dismissal:
- Settlement Agreement: Parties agree to resolve the issue outside of court.
- Motion to Dismiss: Filed by either party to terminate the case.
- Voluntary Withdrawal: One party voluntarily drops the case.
Do you have any specifics about the breach or the contract details? This can help narrow down the best course of action.
I am a cosigner of a 5 year old contract that falls under the statute of limitations and its included in a bank ruptucy by the primary owner
In Oklahoma, the statute of limitations for a written contract is typically 5 years. If the primary owner has filed for bankruptcy, the obligations under the contract might be discharged, affecting both the primary and cosigner.
- Bankruptcy Impact: The cosigner may still be liable if the debt is not discharged.
- Statute of Limitations: If the contract is older than 5 years, it may be unenforceable.

Do you know the exact date the contract was signed or any recent actions taken on it?
What does unenforceable mean
When a contract or legal obligation is described as "unenforceable," it means that the courts will not enforce the terms of the contract, usually due to specific legal reasons such as:
- The statute of limitations has expired.
- The contract lacks essential elements, like mutual consent.
- The contract is against public policy or illegal.
Do you need more details about why a contract might be considered unenforceable?
the original date is */*/*
Since the contract was signed on */*/*, it falls within the *-year statute of limitations for written contracts in Oklahoma. However, the bankruptcy of the primary owner might affect the enforceability of the contract.
Would you like more detailed information on how bankruptcy could impact your situation?
I meant */*/*
Given that the contract was signed on */*/*, it falls outside the *-year statute of limitations for written contracts in Oklahoma. This could make the contract unenforceable. However, the bankruptcy situation adds complexity.
Would you like to know more about how bankruptcy impacts cosigner liabilities?
Yes its chapter *
For a Chapter * bankruptcy:
- Discharge of Debt: The primary owner's obligations may be discharged.
- Cosigner Liability: You might still be liable unless the debt is also discharged for you.
- Statute of Limitations: The contract being older than 5 years may render it unenforceable.
Would you like more details on how to handle your potential liability as a cosigner?
Yes
For handling your potential liability as a cosigner in a Chapter * bankruptcy:
- Debt Discharge: The primary debtor's obligations may be discharged.
- Cosigner Liability: You may still be liable unless the debt is also discharged for you.
- Enforceability: Since the contract is older than 5 years, it may be unenforceable due to the statute of limitations.
Would you like to know the next steps to take to potentially resolve your liability?