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Statute of Limitations - Criminal Actions, Civil Actions, Recovered Memory: Stopping The Clock, Waiving The Defense, Tolling The Statute

time brought defendant statutes

A type of federal or state law that restricts the time within which legal proceedings may be brought.

Statutes of limitations, which date back to early ROMAN LAW, are a fundamental part of European and U.S. law. These statutes, which apply to both civil and criminal actions, are designed to prevent fraudulent and stale claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time or the defective memory, death, or disappearance of witnesses.

The statute of limitations is a defense that is ordinarily asserted by the defendant to defeat an action brought against him after the appropriate time has elapsed. Therefore, the defendant must plead the defense before the court upon answering the plaintiff's complaint. If the defendant does not do so, he is regarded as having waived the defense and will not be permitted to use it in any subsequent proceedings.

Statutes of limitations are enacted by the legislature, which may either extend or reduce the time limits, subject to certain restrictions. A court cannot extend the time period unless the statute provides such authority. With respect to civil lawsuits, a statute must afford a reasonable period in which an action can be brought. A statute of limitations is unconstitutional if it immediately curtails an existing remedy or provides so little time that it deprives an individual of a reasonable opportunity to start a lawsuit. Depending upon the state statute, the parties themselves may either shorten or extend the prescribed time period by agreement, such as a provision in a contract.

Statute of Uses - Further Readings [next] [back] Statute of Frauds - Further Readings

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about 6 years ago

homebuilder in my subdivision doesnt play well with others . He appointed him self head of our homeowners association.when I would pay dues by personal check the the builder would hold it for weeks while sending collection an lien threats. Mailed cashiers ck by certified mail. builder refused to accept the check and wrote a letter threatening liens and collection activity against us. the post office returned the check. I sent it back again by express mail .how do manage to get him to take th check and leave us alone.

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about 6 years ago

TO COVER -UP BILLIONS HAVE TO HIDE AND USE THE STATUTE OF LIMITATION WHEN A STATE OR FEDERAL COMMITTED A FRAUD

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about 6 years ago

Through for investigation by the [CFE] investigator, discover a highs level conspiracy by Authority of the State of Texas, and Federal Agency for which are hiding the crimes and fraud. Of illegal possession of Title reason the dispute was dismiss illegal
Said examines know said have knowledge of misconduct, involved the Texas Bar Association and judges and attorneys, and by Oil and Gas Companies, fraud corruption or official misconduct has take place in recent courts proceeding done by companies this kind of misconduct also involve certain ethics or practice done by the Texas Railroad Commission regarding Mineral Rights of property owners of such counties of South Texas, since nineteen fifty. The Internal Revenue Service has some kind of knowledge of this and wasn’t being long before they begin some of investigation.
According to the CFE said [The laws in Zapata, Webb counties not like in Oklahoma or state,
Has been interfering with my attempts, to report the federal government, otherwise the federal has agreement with the State of Texas official,
These fasts which was organized by a system of on attorney's to confuse and capitalism by criminal system
the Oil and Gas on the State mock of trail
a fraud that worse over billion of thousand of damage have cover-up by STATUE OF LIMITATIONS