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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11735
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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Is the Statute of Limitations for filing a claim opposing forfeiture tolled when it falls

Resolved Question:

Is the Statute of Limitations for filing a claim opposing forfeiture tolled when it falls on a weekend?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Andrea, Esq. replied 10 months ago.

Hi, Rhonda, my name is XXXXX XXXXX I will be glad to assist you today,

 

If the Statute of Limitations for filing a claim or a lawsuit falls on a Saturday or a Sunday, the Statute of Limitations is extended to the next business day when the Courts are open. So, technically, the Statute of Limitations is not tolled (Stops running), it is actually extended to the next business day,

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to leave a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

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Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

 

 

Customer: replied 10 months ago.

What is your authority in the law for that statement

Expert:  Andrea, Esq. replied 10 months ago.

It is written in the rules of court in every State. n California it is in the California Code of Civil Procedure; in Pennsylvania it is in the Pennsylvania Rules of Civil Procedure; in New York, it is in the New York Civil Practice Law and Rules (NY "CPLR"), and so on for every State. However, it is not in the sections which recite the Statute of Limitations for different forms of causes of action, it is written elsewhere in the Rules of Court Procedure.

 

2016.060. When the last day to perform or complete any act provided
for in this title falls on a Saturday, Sunday, or holiday as
specified in Section 10, the time limit is extended until the next
court day closer to the trial date.

 

 

California Code of Civil Procedure Section 12(a) was added in 1933 and provides as follows,

 

"(a) if the last day for the performance of any act provided or required by law to be performed with a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, "holiday" means all day on Saturdays, all holidays specified in Section 135 and, to the extent proved in Section 12b, all days that by terms of Section 12b are required to be considered as holidays..........."


 

"The holidays in this state are:

(a) Every Sunday.

(b) January 1st.

(c) The third Monday in January, known as "Dr. Martin Luther King, Jr. Day."

(d) February 12th, known as "Lincoln Day."

(e) The third Monday in February.

(f) March 31st known as "Cesar Chavez Day."

(g) The last Monday in May.

(h) July 4th.

(i) The first Monday in September.

(j) September 9th, known as "Admission Day."

(k) The second Monday in October, known as "Columbus Day."

(l) November 11th, known as "Veterans Day."

(m) December 25th.

(n) Good Friday from 12 noon until 3 p.m.

(o) Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday.

 

Except for the Thursday in November appointed as Thanksgiving Day, this subdivision and subdivisions (c) and (f) shall not apply to a city, county, or district unless made applicable by charter, or by ordinance or resolution of the governing body thereof.........."

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to leave a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

 

 

 

 

Andrea, Esq., Lawyer
Satisfied Customers: 11735
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Andrea, Esq. and 6 other Consumer Protection Law Specialists are ready to help you

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