While a toll agreement seems to primarily benefit a plaintiff, there are also good reasons why a defendant might want to enter into a toll agreement. One of the reasons is to give the applicant more time to assess the viability of their application; Without a statute of limitations, which expires soon, a plaintiff may be forced to take legal action just to meet a deadline. If there is a possibility that a dispute can be avoided altogether, it could be advantageous for a defendant to agree to waive the limitation period for a certain period of time or up to certain conditions. The danger of a possible legal dispute is the elephant in the room, which makes a toll agreement effective. A shrewd potential plaintiff may use this elephant as an advantage, as a potential defendant may well bend over backwards not to be sued. Even with the additional leeway provided for in a toll agreement, the plaintiff can still lead a dispute if negotiations fail. In this case, the defendant can benefit from the procedure by being better informed of the plaintiff`s claims. Conversely, the plaintiff may benefit by including provisions in the toll agreement that may force a defendant to submit documents that might otherwise not be available to the plaintiff, except at the discovery stage of a lawsuit. Co-defendants should consider toll agreements if they need more time to consider filing counterclaims against one another. Under the laws of some states, counterclaims must be filed while a case is pending, so defendants must decide before trial whether to file counterclaims. In some cases, this decision may be imposed on a defendant before it is clear whether the plaintiff has a strong cause of liability. When counterclaims are filed, defendants may focus too much on transferring responsibility to each other and inadvertently help the plaintiff establish liability or increase the value of the case by developing facts overlooked by the plaintiff.
In exchange for the plaintiff`s agreement to delay the filing of a claim until the toll agreement expires, the defendant agrees to waive the right to use this buffer period to calculate the forfeiture of the claim in accordance with the limitation period. With the suspension of the limitation period, the parties have the time they need to negotiate and resolve the dispute. 3. Make sure that toll agreements do not conflict with MRP orders in a way that affects your customer. While toll agreements are useful tools, they have potential drawbacks. First, determine whether the court has issued an order order with a time limit for counterclaims and the potential conflict of that time with your toll agreement. If your client has a contractual or implied claim for compensation and the co-accused has not agreed to indemnify your client, your client may want clarification on the issue of indemnification before the process. If you are about to sue or think you are about to be sued, you should consider proposing a toll agreement. The toll agreement must specify how long the parties wish to suspend the limitation period. If you agree to charge counterclaims until the end of the hearing of the plaintiff`s underlying case, this can lead to inefficiencies and lengthy litigation. Make sure your customer understands this before accepting the toll agreement. This particular issue can be resolved by (1) allowing counterclaims to be filed during the toll period if a party chooses to do so, or (2) terminating the pre-trial toll period and having sufficient time to allow for counterclaims to be filed if necessary.
A toll agreement sets a deadline for the parties to negotiate before a plaintiff has to take legal action to enforce legal rights. .