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- #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 CERTINLY 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 meretorious 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 BROUGH 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 defintions.
-
- This tutortial 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 "latent" from the time of construction.
-
-
-
- COLORADO:
-
- Six months: Mechanic's lien foreclosures; Notice to public
- officials of tort claim against the State; bulk sales.
-
- One year: Intentional torts; penalties provided for certain
- serious crimes; actions against police/coroners.
-
- Two years: Negligence; strict (products) liability; medical
- malpractice; against professionals for real estate improvement
- misdesign; certain other products actions.
-
- Three years: Contracts; replevin; missapropriation of trade
- secrets; if an action may be brought in Colorado that accrued
- outside Colorado, maximum time to bring action is three years,
- or out of state limit, whichever is shorter.
-
- Five years: To redeem land sold for taxes.
-
- Six years: Actions of debt; maximum time to bring action
- against architects, etc., for design defects in a building,
- after completion of building.
-
- Seven years: Most ejectments. (If sqautter is paying taxes
- or has a deed).
-
- Ten years: To specifically enforce real estate contracts.
-
- Fifteen years: Actions regarding mortgage foreclosures. Note:
- Time limit to foreclose mortgage for a debt is extinguishment
- of the debt.
-
- Eighteen years: Ejectment from real estate.
-
-
-
- CONNECTICUT:
-
- Sixty days: Bond contest of public bonds.
-
- Three months: Claims against banks which are liquidating or
- selling, once claim is disallowed.
-
- Four months: Claims disallowed in probate.
-
- Six months: Bulk sales; For "forcible entry" to real estate.
-
- One year: Actions against the State for torts claims; actions
- against firemen for their negligence; Actions to enforce real
- estate contracts (or eighteen months, if no date for closing
- specified); certain other actions after notices sent by
- appraisers; "dram shop" actions.
-
- Two years: Medical malpractice; negligence actions; most
- intentional torts.
-
- Three years: On oral contracts; patenrity suits; products
- (strict) liability; note that you may not bring a products
- liability suit eight years after purchase.
-
- Four years: Actions under Unifornm Commercial Code (parties
- can agree to shorten, but not lengthen) for brach of sales
- contract.
-
- Six years: Written contracts and accounts.
-
- Seven years: Maximum time after completion of building to sue
- for construction defect.
-
- Fifteen years: Ejectment (recovery of real property); to enforce
- judgment liens(as long as twenty-five years in some cases.)
-
-
-
- DELAWARE:
-
- Sixty days: Challeneges to zoning laws.
-
- Six months: Claims against estates, bulk sales
-
- One year: Actions on statutory forfeitures
-
- Two years: General statute of limitations for medical
- malpractice and most tort actions
-
- This tutorial is undergoing revision and will be released
- in full with the March, 1991 update to our registered
- users.