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  1. Defenses: Fraudulent concealment and tolling of SOL?

    Here's another defensive angle...If I can prove that the defendent concealed my Bronco starting sometime in 2006, could that be an affirmative defense for tolling the SOL from that point to the time...
  2. Defenses: Re: A question about answer to citation

    Thanks, free9man. Does that mean that a motion cannot be filed now to move for a default judgment (too late?)? Or that it would even have been necessary? Will the judge take into account the fact...
  3. Defenses: A question about answer to citation

    I was perusing the Texas Rules of Civil Procedure, and came upon this in Section 5, Rule 99:

    c. Notice. The citation shall include the following notice to the defendant: "You have been
    sued. You...
  4. Defenses: Re: Tolling of the Statute of Limitations at Start of Injury

    After looking at the law sites, I see the SOL on oral contracts appears to be 4 years. Guess you were right as usual!

    The NADA Classic Car Book value for a 1971 Bronco in 'drivable' condition had...
  5. Defenses: Re: Tolling of the Statute of Limitations at Start of Injury

    Thanks, jk!

    The original demand letter that I sent read, "On or about Aug. 22, 2008, you drove up to our front gate. At that time, you asked if I still wanted my Bronco, and admitted that you...
  6. Defenses: Re: Tolling of the Statute of Limitations at Start of Injury

    Another quick question: Since this is Texas small claims, do I need to file anything to ask the judge to dismiss the affirmative defense claim of the SOL being run out? Or do I just ignore this and...
  7. Defenses: Re: Tolling of the Statute of Limitations at Start of Injury

    I have a witness to the renewal of our agreement. I have already filed suit; he has had his attorney send the answer letter stating the SOL has run.

    We had had a side agreement to complete...
  8. Defenses: Tolling of the Statute of Limitations at Start of Injury

    My question involves small claims court in the state of: Texas

    Some 8 years ago, I entered into an open-ended barter agreement with an individual. I agreed to do taxidermy work in exchange for...
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