Does a defendant have to receive and respond to summons prior to the expiration of a statue? ?

[modraed]

I am taking a driver that rear ended me to small claims court. The insurance company has neglected to pay for any lost wages, medical, etc. The two year statue is expiring soon and would like to know if by simply filing the case: 1) will the statute be protected?, 2) does the defendant (other driver) have to respond to the summons within the two year statute as well?. Any help with this is greatly appreciated.

[stein74]

You must respond. State your case in your answer that the plaintiffs claim falls beyond the legal statute of limitations for this proceeding to be acted upon. But you must answer.