Thursday, 2 January 2014

Can you be sued after the state of limitations has passed?

Question

Can you be sued after the state of limitations has passed?



Answer

The clerk's office will not check for statute of limitations on filing so technically YES one can be sued after the statute of limitations but a prudent defendant would immediately file to dismiss in such a case.



Answer

Yes. The manner of determining the time period may not be as straight forward as a layman would determine. Applying the statutory period and whether it has passed should be discussed with an attorney as this defense needs to be properly set forth.



No comments:

Post a Comment