Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Nov 2007
    Posts
    127

    Default Do Judges Enforce The Statute Of Limitations

    there have been so many posts about sol, and issues whether it is open or written contract, and also which states sol would prevail, ie the cc companys state or your state, i was wondering if anyone has used just the sol defense, and the judge deny it,based purely on that defense. i mean it seems so clear that the law states a certain timeline you can be sued but the jdb,s and ca continue to sue. even in my case, although i had a sol defense, my attorney used other defenses, so i am not sure which one the judge considered relavent. also in my case the cc agency spent 255 to sue me and when they lost paid my attorney fees, knowing that i was beyond any statute of limitation. why would a rational attoney do that? can a judge disregard a statute? what am i missing here? besides bad spelling and punctuation.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do Judges Enforce The Statute Of Limitations

    Many defendants don't properly raise the statute of limitations defense, and thus waive it. Or they simply default.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Do Judges Enforce The Statute Of Limitations

    Quote Quoting junker
    View Post
    also in my case the cc agency spent 255 to sue me and when they lost paid my attorney fees, knowing that i was beyond any statute of limitation. why would a rational attoney do that? can a judge disregard a statute? what am i missing here? besides bad spelling and punctuation.
    it is not up to the judge to defend your case. If the SoL is applicable, YOU must raise it as a defense and according to state law and guidelines of procedure within the court system of your state. A judge will not look at a case and say "well, this is beyond the SoL so the plaintiff loses". It is up to you to raise that defense and support your position as to it being applicable to the case and correct for it to do any good.


    the simplest reasoning as to why an attorney would continue a case when they know the SoL may apply is, many defendants simply to not show up to defend their case and as such, fail to raise the SoL as a defense. In those cases, the plaintiff then recieves a default judgement and then can legally collect the judgement.

  4. #4
    Join Date
    Nov 2007
    Posts
    127

    Default Re: Do Judges Enforce The Statute Of Limitations

    i have heard that small claims courts are a little less strict as to proper procedure when some one is pro se defendant. is that true? if one files motion to dismiss stating applicable florida statute regarding sol. show your credit report stating last activity. would that be considered properly raised defense. i understand other issues could be raised like which state prevails, unjust enrichment and other legal claims, but if the sol is the primary defense would what i mentioned be consider?ed sufficient for sol defense? also, if sol is obvious, shouldnt other claims against defendant be irrelavant unless there is fraud?

  5. #5

    Default Re: Do Judges Enforce The Statute Of Limitations

    SOL is an absolute defense. It is also an affirmative defense which you have to properly plead. Jurisdiction is waived if you file an answer to the complaint since you have submitted yourself to the jurisdiction of the court. You can make what is known as a "special appearance" which does not bring you within the court's jurisdiciton. Small claims courts are generally informal and in many cases the judge is not an attorney but a political appointee.

    if one files motion to dismiss stating applicable florida statute regarding sol. show your credit report stating last activity. would that be considered properly raised defense.
    Yes

    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, 08:32 PM
  2. Defenses: How Do Judges Typically Rule On An Affirmative Defense Re: Statutes Of Limitations
    By huntertravishouston in forum Civil Procedure
    Replies: 6
    Last Post: 12-27-2007, 05:57 PM
  3. Defenses: Statute of Limitations
    By Samson in forum Civil Procedure
    Replies: 3
    Last Post: 02-11-2007, 11:51 AM
  4. DUI and Statute of Limitations
    By aspiranti54 in forum Drunk and Impaired Driving Charges
    Replies: 4
    Last Post: 07-17-2006, 12:46 PM
  5. Initiation of Charges: Statute of Limitations
    By MICHAEL_FRIEZE in forum Criminal Procedure
    Replies: 2
    Last Post: 11-04-2005, 10:21 AM
 
 
Sponsored Links

Legal Help, Information and Resources