What is tolling in legal terms

A tolling agreement is a written agreement, signed by both sides to a potential lawsuit, that suspends the statute of limitations for an agreed amount of time. With the limitations period suspended, the parties can have the time they need to negotiate and settle the dispute. Temporarily suspending the statute of limitations seems simple, but it can provide a number of advantages for potential plaintiffs and defendants to consider. If you are about to file a lawsuit, or you think you are about to be sued, you should consider proposing a tolling agreement.

A tolling agreement establishes a deadline for the parties to negotiate before a plaintiff must file suit to enforce legal rights.

Typically, neither side wants to spend energy and money proving their case in court. Thus, a tolling agreement pushes the parties towards compromising their positions and settling. This implicit threat of litigation, should negotiations fail, puts pressure on both sides to settle the dispute. Threat of eventual litigation is the elephant in the room that makes a tolling agreement effective. An astute potential plaintiff can use this elephant as an advantage, since a potential defendant may well bend over backwards to avoid being sued.

Thus, a tolling agreement can offer a way for a potential plaintiff to both save money and get more information from the defendant than he would otherwise be willing to offer.

Often, anticipated economic costs of civil litigation will cause a potential plaintiff to avoid acting on her rights. This mutual anxiety helps push parties together and formally settle the matter. With settlement more likely due to the tolling agreement, the parties receive the benefits of litigation threat of potential money judgment against defendant , without actually initiating litigation and incurring costs.

Allows for More Time To Think. The tolling agreement must state for how long the parties wish to suspend the statute of limitations. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information. Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case.

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