Statute Of Limitations In Debt Law Case Study
There are two defenses to debt law cases you should give some thought to if you are being sued: statutes of limitations, and what is called "laches." Both rely on the passage of time, and both of them have a rather vague status in the law. This article discusses what they are and how to use them.
Statutes of Limitations
The statute of limitations (in civil law) is the amount of time allowed before the plaintiff must bring suit. That is, if a certain amount of time passes after the claim is "ripe" for litigation before you file suit, the action will be lost. Sounds simple, maybe, but it isn't.
What Is the Statute of Limitations on Debt?
Unfortunately, it isn't easy to say what theperiod of limitations is for debt in general. This is for …show more content…
It is certainly an "affirmative defense," meaning that you must assert and prove it. On the other hand, if the date of the default is included in the lawsuit (and the date is beyond the statute of limitations), you could file a motion to dismiss the claim. And this is because they have admitted the fact by including it in their petition. Some people file motions to dismiss even if the dates have not been set out in the petition, and sometimes the courts will hear them on that basis, although they should probably be heard as motions for summary judgment, which involve somewhat different rules and time frames.
Statute of Limitations as a Jurisdictional Bar
Some courts have considered the statute of limitations as a jurisdictional bar. That is, bringing the suit beyond the proper time bars the court from hearing it (and defendants cannot waive the defense). Some courts in some jurisdictions may still follow that rule, but it's a good idea not to count on that. Assert the defense from the beginning if you know it, and if you find out in discovery that the time limit has passed, you should seek to amend your answer and include the defense there. It is probably possible to waive the defense by not asserting it in time.
Statute of Limitations as a
Statutes of Limitations
The statute of limitations (in civil law) is the amount of time allowed before the plaintiff must bring suit. That is, if a certain amount of time passes after the claim is "ripe" for litigation before you file suit, the action will be lost. Sounds simple, maybe, but it isn't.
What Is the Statute of Limitations on Debt?
Unfortunately, it isn't easy to say what theperiod of limitations is for debt in general. This is for …show more content…
It is certainly an "affirmative defense," meaning that you must assert and prove it. On the other hand, if the date of the default is included in the lawsuit (and the date is beyond the statute of limitations), you could file a motion to dismiss the claim. And this is because they have admitted the fact by including it in their petition. Some people file motions to dismiss even if the dates have not been set out in the petition, and sometimes the courts will hear them on that basis, although they should probably be heard as motions for summary judgment, which involve somewhat different rules and time frames.
Statute of Limitations as a Jurisdictional Bar
Some courts have considered the statute of limitations as a jurisdictional bar. That is, bringing the suit beyond the proper time bars the court from hearing it (and defendants cannot waive the defense). Some courts in some jurisdictions may still follow that rule, but it's a good idea not to count on that. Assert the defense from the beginning if you know it, and if you find out in discovery that the time limit has passed, you should seek to amend your answer and include the defense there. It is probably possible to waive the defense by not asserting it in time.
Statute of Limitations as a