#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 "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; misappropriation 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 squatter 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; paternity suits; products (strict) liability; note that you may not bring a products liability suit eight years after purchase. Four years: Actions under Uniform Commercial Code (parties can agree to shorten, but not lengthen) for breach 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: Challenges 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.