Results 1 to 2 of 2
  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Is the Statute of Limitations Extended if the Plaintiff Goes to Jail

    My question involves civil rights in the State of: NY

    This is a unique situation. NY s.o.l. is 3 years in civil suits. I started mine a little over 3 years ago. It was against state parol e. An attorney accepted the case on contingency basis. The process was started but before it ended my attorney had a battle with cancer and lost. It made the news and the next day my P.O. violated me. (yes the same P.o. that i was in a lawsuit with was still my p.o.). I was sent back for a year. (no crime committed). So my question is does anyone have any idea if my 3 year limit will be extended by tolling of my incarceration. Also there was a period of months, where my attorney stopped being in touch with me, I will assume that this is when his health started to deteriorate. I didn't know he was even sick until it made the news he passed away. What is unique is how I lost that year due to being incarcerated by the person i was suing. Would a court consider either issue tolling time? Thanks in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,031

    Default Re: Is the Statute of Limitations Extended if the Plaintiff Goes to Jail

    If a lawsuit was filed before the statute of limitations ran, even if you subsequently went to jail, the limitations period is irrelevant - you filed your lawsuit.

    If it was not filed, no, your going to jail is not an excuse for failing to file your lawsuit in a timely manner.

    1. Sponsored Links
       

Similar Threads

  1. Collection Lawsuits: Statute of Limitations for Debt, Non-Community Property State, No Borrowing Statute
    By msnerd in forum Debts and Collections
    Replies: 2
    Last Post: 09-05-2010, 07:32 PM
  2. Jurisdiction and Venue: Can a Plaintiff Change the General Jurisdiction After the Statute of Limitations
    By compiler in forum Small Claims Court
    Replies: 2
    Last Post: 10-08-2009, 01:47 AM
  3. Property Division: Statute of Limitations
    By callmerae in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 11-29-2008, 07:17 AM
  4. Alienation of Affection: Statute Of Limitations
    By Hawaii in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 06-07-2008, 12:04 PM
  5. Statute of limitations for DNA
    By Whosdaddy in forum Paternity Law
    Replies: 2
    Last Post: 02-27-2006, 06:42 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document