Q. My lawyer says I have no reason to act. Is it not in a position to present a toll agreement to conduct further investigations? Often, the arguments between the parties are clarified without any complaint ever being filed in court. Court records are public and the content of certain complaints can unbelievably damage an accused`s reputation or activity. By signing a toll contract, a defendant can follow the count outside the protocol. Without another, an applicant may have no choice but to take legal action to preserve his claim. This document would ideally be used before starting a dispute in a potential claim between two parties. The parties should decide on a toll date on which they can agree. The date of the toll is the date on which the statute of limitations or other time-based statutes begins. In other words, if the parties meet a requirement, the toll agreement would lengthen the time it takes for them to do extrajudicial work. The plaintiff can take advantage of the defendant`s fear by asking the defendant to cooperate in another way. Thus, under the toll agreement, the applicant could require the defendant to provide documents and/or answer questions about the litigation.
[The agreement] provides for the statute of limitations for a period of three months from the date [the defendant] is named after a plaintiff. If necessary, this period may be extended with the agreement of the parties. . . . If you are about to take legal action, or if you think you are being sued, you should consider proposing a toll agreement. The only right to a toll agreement is the right of a party to argue too much time during the toll period for legal action to proceed. This mutual fear helps to bring the parties together and formally resolve the issue. Since an agreement is more likely under the toll agreement, the parties enjoy the benefits of litigation (threat of a possible money decision against the defendant) without initiating litigation or incurring costs. The most common situations for a toll agreement involve two different situations.