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  1. #1
    Join Date
    Jun 2006
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    Default When Does the Statute of Limitations Start to Run

    I will be filing a suit against a company and an the owner personally in Maryland where the SOL is 3 years.

    When does the clock start, form the time of contract or the time of the last payment to me?

    And assuming I meet it and file, do I have to serve him in that time frame also? He is going to be difficult to track down and the company isn't doing business any more. However I don't believe it has been closed out yet and I know who the resident agent is.

    My intentions are to go after him personally because he uses Maryland's Corporate laws to cheat people. I have several examples that I can show in court. My intention is to see if I can have the contract voided as then I could be 1/2 owner and try to recover 1/2 of the profits.

    I did see a lawyer about this but I am unwilling to spend the money for a retainer until the results of a criminal investigation are over. It just seems like a money pit for me so I reported some crimes he has committed and am waiting for the results.

  2. #2
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    Jul 2006
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    Northern California
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    252

    Default Re: Statute of limitations

    Quote Quoting Ranger
    I will be filing a suit against a company and an the owner personally in Maryland where the SOL is 3 years.

    When does the clock start, form the time of contract or the time of the last payment to me?

    And assuming I meet it and file, do I have to serve him in that time frame also? He is going to be difficult to track down and the company isn't doing business any more. However I don't believe it has been closed out yet and I know who the resident agent is.

    My intentions are to go after him personally because he uses Maryland's Corporate laws to cheat people. I have several examples that I can show in court. My intention is to see if I can have the contract voided as then I could be 1/2 owner and try to recover 1/2 of the profits.

    I did see a lawyer about this but I am unwilling to spend the money for a retainer until the results of a criminal investigation are over. It just seems like a money pit for me so I reported some crimes he has committed and am waiting for the results.

    Depending upon the type of action; breach of contract, fraud, breach of fiduciary duty, etc., will determine your statute of limitations (SOL). But, assuming you are correct with your 3 year belief, the SOL for a Civil action begins when you discover, or should have reasonably discovered, you have been wronged.

  3. #3
    Join Date
    Jun 2006
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    29

    Default Re: Statute of limitations

    Quote Quoting Clair Bonner
    Depending upon the type of action; breach of contract, fraud, breach of fiduciary duty, etc., will determine your statute of limitations (SOL). But, assuming you are correct with your 3 year belief, the SOL for a Civil action begins when you discover, or should have reasonably discovered, you have been wronged.
    You bring up an interesting point, he did breach our contract but that's not what I'm after.

    He has a nasty habit of getting what he wants, in this case ownership of the company, and them saying sue me. I signed a contract with him to relinquish my ownership in exchange for some really good commissions on my accounts, some of witch I brought into the deal in the first place. And in this case I'm out half ownership of a million dollar(over three years) company with about 500,000.00 in profit.

    He plays his old company against the new(similar names, same phone number and address, and calls answered the same way) to steal from other companies.

    I don't know what it would be called, but to me it sounds like some kind of fraud using trickery. Things did become obvious to me two years ago that he had no intentions on paying me but all the pieces came after that.

  4. #4
    Join Date
    Jul 2006
    Location
    Northern California
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    Default Re: Statute of limitations

    Hire a local attorney to review all of your documentation, and to determine if you have an action.

  5. #5
    Join Date
    Jun 2006
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    29

    Default Re: Statute of limitations

    Quote Quoting Clair Bonner
    Hire a local attorney to review all of your documentation, and to determine if you have an action.
    Thanks I may just file and see what happens. I did see an attorney and it cost me $300.00 just for him to tell me he would have to research the case, and of course bill by the hour. Are there any lawyers or types of lawyers that would have an idea by just looking at my documentation and already know more about the statutes. I'm not talking about knowing everything but the basics I would expect.

  6. #6
    Join Date
    Sep 2005
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    Default Re: Statute of limitations

    You think you're out 50% of a $million company, but won't spend $300 to have the case evaluated by a lawyer?

  7. #7
    Join Date
    Jun 2006
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    29

    Default Re: Statute of limitations

    Quote Quoting Mr. Knowitall
    You think you're out 50% of a $million company, but won't spend $300 to have the case evaluated by a lawyer?
    I did spent $300.00 and it was clear it would cost so much more. He even gave me an estimate on the cost of looking into it at 3-5,000.00. I was just wondering if there were lawyers, or what type of lawyer, that would know more about the Statutes or how an individual is dealt with when he uses corporations to hide behind.

    While I may be due some money I don't have it to speculate on a lawyer. It just seem to me that there has to be one that's been down the same road before. That's the kind of advice I was looking for.

    This man prays on others bring in accounts and then says sue me!

    This whole deal is unreal to me because I already reported him for another crime and got nowhere. In Maryland they rarely if ever prosecute Workman's Compensation offences. No one told me and just gave me the run around until Google News turned up some articles about the State Wide issue. In one the reporter interviewed the Insurance Commissioner( MR. ORR) and a few others government officials the admitted it is a problem. If I had involved an attorney on that one I could of been out several thousands before realizing it was a money pit.
    http://corbittpapers.blogspot.com/

  8. #8
    Join Date
    Jul 2006
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    5,437

    Default Re: Statute of limitations

    Sounds like a scam to me; have you talked to your state's attorney general?

  9. #9
    Join Date
    Jun 2006
    Posts
    29

    Default Re: Statute of limitations

    Quote Quoting seniorjudge
    Sounds like a scam to me; have you talked to your state's attorney general?
    My problem has been when calling anyone about this they say it's a Civil matter. I believe the whole issue is beyond any one persons ability to pursue. The fraud unit said I have to have prove they could not do anything without. I gave them copies of workers payouts with WC listed and included a list of 10 employees that will say he was taking money for WC. Then they say he may be self insured so I did some research and countered with the laws that say you must register with the WCC. Then they said they have to "poke around" and call every insurance company in Maryland and also said there was no central database of companies with that information. That's when I discovered, what I believe is, the real problem... there is no reckoning.

    If I had hired an attorney to do what I did it would of cost me more than what I have. This guy knows how to outdistance most people and has said sue me I'm out of business. He did exactly the same thing(playing one out of business company against another) with several other vendors to the tune of ten's of thousands of dollars.

    I have also tried calling the Maryland Attorney General, the Governor, and a few more and they don't return your call. It's frustrating because they either don't understand or acknowledge whats going on.

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