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How Do Judges Typically Rule On An Affirmative Defense Re: Statutes Of Limitations

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  • 12-20-2007, 03:42 AM
    huntertravishouston
    How Do Judges Typically Rule On An Affirmative Defense Re: Statutes Of Limitations
    I am in need of determining my best defense on a small claims lawsuit filed by a former male friend who back in 1999 paid for a car repair and even thougn I offered to pay him he just kept waving it off. That is until I didn't want to see him as much since he was pushing for a more intimate relationship than I wanted.

    It blew me away when at the end of 2006 I received a letter from an attorney NOW demanding repayment. I was then served in May. With the combined efforts of researching statutes of Texas and then online assistance to submit the reponse with a general denial and the affirmative defense of the time barred debt due to statutes of limitation I thought that would be that.

    Yet they came back with some crazy arbitration meeting? Why I don't know. I then received a think packet containing legal mumbo jumbo in the form of a questionnaire ie discovery. I was so angry what a waste of time.
    So I callled the court clerk and she stated I just needed to write a letter to the court stating I decided to decline arbitration and want to go to trial.

    Here is my question...why is this even going to court? If the "debt" was in 1998 to be paid in 1999 and Texas Statute of LImitation is 2 years, why isn't it just dismissed or ruled unsubmissible? And whether or not I admit that at one time I was going to repay, why should that matter if it is beyond the legal time period to even FILE a suit?

    Does the judge have the right to just decide whether to allow the statute to be enforced in this matter? That just doesnt' make sense.

    If that is the case, then should I add to my original answer stating the situation of the ongoing you owe if you don't see me and you don't owe if you do see me scenario? I swear I even have an old message I kept from way back when that proves it.

    I was told by a lawyer I initially contacted when served that the $2000 amount doesnt' justify the expense of hiring an attorney. What really burns me is that two TV judge shows contacted us and IF he had agreed he could of got his money and the show would have foot the bill. But then I forgot, this isn't about the money. He just doens't like the fact I don't want to be with him. He has more money than he knows what to do with, this is about his pride.

    Whatever and thanks for any help. ONE MORE THING how do I find out how my judge ruled on previous cases like this one? My luck he probably is Marty's golfing buddy.
  • 12-20-2007, 06:27 AM
    aaron
    Re: How Do Judges Typically Rule On An Affirmative Defense Re: Statutes Of Limitation
    You have the burden of proving your affirmative defenses. It's not an automatic process.
  • 12-20-2007, 01:33 PM
    huntertravishouston
    Re: How Do Judges Typically Rule On An Affirmative Defense Re: Statutes Of Limitation
    That's easy to do as even the plantiff's pleading shows the date of such transaction as in 1999. There is no doubt or gray area in the fact that this suit was filed well outside the statutes of limitation.

    My question really was trying to determine whether or not a judge has a right to disregard such a statute if he so choses. Does he or she have that leaway? And if so, what are the typical reasons that such a ruling might occur?
  • 12-20-2007, 02:15 PM
    aaron
    Re: How Do Judges Typically Rule On An Affirmative Defense Re: Statutes Of Limitation
    The two most likely reasons why a judge might not apply the statute of limitations are probably the following: the defendant may fail to properly raise the affirmative defense, or the defendant may not prove its applicability (even if, with proper submission of proofs, a dismissal would have followed).
  • 12-27-2007, 05:48 PM
    huntertravishouston
    Re: How Do Judges Typically Rule On An Affirmative Defense Re: Statutes Of Limitation
    Quote:

    Quoting aaron
    View Post
    The two most likely reasons why a judge might not apply the statute of limitations are probably the following: the defendant may fail to properly raise the affirmative defense, or the defendant may not prove its applicability (even if, with proper submission of proofs, a dismissal would have followed).

    Okay tomorrow at 12:30 I am attending a hearing scheduled by the judge re: plaintiff's request for written discovery. I have been informed by both the clerk and also a local sc attorney that chances are good that the judge is questioning the recently received discovery documents I received from plantiff and his attorney.

    I have been coached to verbally question why plantiff is even pursuing discovery when they know full well that their claim is barred due to the 4 year statute of limitations in Texas which in their own petition reflects the cause of action date of Sept 15 1999 almost 8 years old. I am also to restate my request via my answer to petition that included my affirmative defense and request for dismissal with prejudice and recovery of all court and attorney fees.

    Does anyone agree \ disagree \ have addl points not covered? WISH ME LUCK!
  • 12-27-2007, 05:49 PM
    Mr. Knowitall
    Re: How Do Judges Typically Rule On An Affirmative Defense Re: Statutes Of Limitation
    Good luck.
  • 12-27-2007, 05:57 PM
    huntertravishouston
    Re: How Do Judges Typically Rule On An Affirmative Defense Re: Statutes Of Limitation
    Mr. Knowitall, I know you are a man of few words, but can you tell me if my statement of defense sounds okay? Many thanks lois
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