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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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#help.tut EXTRA HELP FOR TUTORIALS
#define.stb On line dictionary
STATUTE OF LIMITATIONS FOR THE FIFTY STATES, PUERTO RICO AND THE
DISTRICT OF COLUMBIA
The law provides "Statutes of Limitations" (sometimes
called "Statutes of Repose") which provide that even if there
is a good case, the case is over if not brought within a
certain time. THUS, IF YOU HAVE BEEN INJURED OR A CONTRACT YOU
ENTERED INTO WAS BROKEN, THEN YOU ALMOST CERTAINLY ONLY HAVE A
LIMITED TIME TO GO TO COURT. IN MANY INSTANCES THE TIME IS VERY
SHORT, AS LITTLE AS ONE YEAR, AND SOMETIMES LESS. No matter how
good a case you may have, or, no matter how meritorious a case
may be that is brought against you, the case may be dismissed
if it is brought after the statute of limitations has run.
****************************************************************
VERY IMPORTANT WARNING:
The area of statute of limitations is very complex, and
technical. CONSULT AN ATTORNEY IS YOU FEEL YOU HAVE A RIGHT TO
SUE SOMEONE to see what the time limit may be for bringing suit.
THERE ARE OFTEN ARCANE EXCEPTIONS TO RULES, WHICH EITHER LENGTHEN
OR SHORTEN STATUTES OF LIMITATIONS.
****************************************************************
Many states provide that statutes of limitation are
"tolled" by certain events, that is to say, put on "hold." This
varies greatly from State to State. Some frequent events that
"toll" the statute are:
minority of the person with rights (although even in these cases
outside total limits are usually provided);
the willful concealment of a person against whom a suit could be
brought;
a promise to repay a debt or partial payment of a debt.
IT IS IMPERATIVE THAT YOU SEEK PROFESSIONAL ADVICE ON
LIMITATIONS ISSUES! THERE ARE MANY EXCEPTIONS TO THE GENERAL
RULES STATED, AND IN ORDER TO MAKE THE TUTORIAL READABLE, WE
OCCASIONALLY OMIT CERTAIN INFREQUENTLY BROUGHT ACTIONS AND
ALL REACTIVE STATUTES OF LIMITATIONS. A reactive statute of
limitations is one that provides a time limit to bring an action
after you have already started a legal proceeding. For example,
if you file a claim of lien, you may only have a limited time
to take further action if the property holder objects and serves
a notice of contest of the lien. In this case, we assume that
you have legal advice and will be advised of time limits by
your attorney.
Legal terms are used to define "causes of action" please press
"S" and select "Causes of action" for definitions.
This tutorial does not as a general rule point out whether
a statute of limitations begins to run from the time that
you discover a right of action or when you are injured. The
best assumption to make is that the earliest possible triggering
date is the relevant one.
Finally, this tutorial does not generally discuss whether a
contract may modify (by shortening) the statute of limitations.
In most states, a contract shortening the statute of limitations
is invalid; however, a few states recognize such agreements.
Please consult an attorney.
NOTICE: DOES NOT COVER ADMINISTRATIVE ACTIONS OR MECHANIC'S LIEN
LAWS.
ALABAMA:
Six months: Actions by creditors regarding bulk sales; actions
regarding state or other governmental agency bonds (to set aside
the bonds or bond elections)
One Year: Usury actions under the Consumer Credit Act
Two years: Wrongful death; securities fraud; medical malpractice
[special exception- six months after discovery, and on infants
below four years of age, have until they are eight]; actions to
recover real estate or enforce a lien after the owner's death;
actions to recover for intentional torts; actions by an estate to
recover for property damage to the decedent; all other torts not
otherwise provided for.
Three years: Actions on open accounts; legal disbarment
proceedings.
Four years: Breach of U.C.C. Article 2 (sales) contracts;
actions against sureties on court bonds.
Five years: Actions by the state to recover taxes or license
fees; actions regarding equities of redemption.
Six years: Trespass, conversion, simple contract, loans, verbal
leases, unsealed contracts, actions against sureties of
government officials.
Ten years: Actions on sealed instruments, against public
officials and actions for recovery of lands (ejectment).
Twenty years: Judgments.
ALASKA:
Six months: Bulk sales.
One year: Statutory action regarding escape of prisoners caused
by police.
Two years: Intentional torts, Wrongful death, Non-contractual
injuries to persons; upon statutory liabilities; penalties and
forfeitures.
Three years: Police/coroner's liability.
Four years: Actions on breach of contracts, restrain of sale.
[Special note: Alaska permits statute of limitations to be
shortened to one year by written agreement.]
Six years: Replevin (recovery of personal property); actions
regarding deficiency in design of improvement to real estate;
real estate contracts.
Ten years: Judgments, sealed instruments; all other actions.
ARIZONA:
Six months: Bulk transfers; foreclosure of mechanic's and
possessory liens.
One year: Intentional torts; statutory liability; securities law
violations.
Two years: Ejectment (recovery of real state); injury to tangible
property (other than personal injury); medical malpractice;
wrongful death.
Three years: Debts that are not proven by writings; open
accounts; rescission (relief from contracts due to mistakes);
adverse possession with color of title.
Four years: Written instruments, signed out of State; actions to
enforce foreign judgments; bond actions; specific performance;
sale contracts under U.C.C.; all other actions.
Five years:
Six years: Written instrument executed in Arizona.
Ten years: Adverse possession of real estate from one cultivating
the real estate and using the same
Twelve years: Products liability except that products liability
provided for within two years.
ARKANSAS:
One year: Against bank for paying checks on forged or
unauthorized signatures; slander; alienation of affections;
assault and battery; false imprisonment; criminal conversation.
Two years: Medical malpractice
Three years: Open accounts, trespass, libel, replevin; Wrongful
death; parol contracts.
Four years: Actions on bonds; actions for construction
deficiencies causing personal injury or death.
Five years: All actions not otherwise provided for; Actions on
notes; written contracts; Actions for deficiency in construction
causing property damages.
Eight years: Actions on bonds of administrators of estates.
Ten years: Judgments.
CALIFORNIA
Fifteen days: If penalties are assessed by the Labor Board for
failure to pay minimum wage a protest must be filed within
fifteen days.
Thirty days: Protests of local real estate taxes.
Ninety days: Foreclosure of mechanic's liens; actions for tax
refunds.
One hundred twenty days: Action to contest will; actions to
protest or challenge local government decision.
One Hundred eighty days: Actions for underground trespass related
to oil or mineral mining or exploration.
One year: Intentional torts, wrongful death or negligent injury;
actions against banks regarding forged or unauthorized checks;
most other actions.
Two years: Contacts not in writing; malpractice against title
abstracters.
Three years: Statutory liabilities; actions to recover damages to
real estate; replevin; for relief from contracts due to fraud;
certain other statutory actions.
Four years: Deceptive actions regarding stocks; to recover
deficiencies on security agreements; written contracts;
construction defects; This is also the residual statute of
limitations (all other actions)
Five years: Ejectment; Redemption of real estate from mortgages.
Six years: Actions on corporate bonds.
Seven years: Personal services agreements, other than recording
contracts for musicians.
Ten years: Actions to recover on State bonds; for construction
defects that are "late