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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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Why would the NH court ignore a statute of limitation thats

Resolved Question:

Why would the NH court ignore a statute of limitation that's expired AND an out of Jurisdiction law?

http://www.ehow.com/info_8341711_north-statute-limitations-money-owed.html#ixzz2AiT7z0qu

and

http://www.ehow.com/info_7895225_statute-limitations-debt-new-hampshire.html#ixzz2AiUuScDI

Submitted: 1 year ago.
Category: Legal
Expert:  Attorney2 replied 1 year ago.




Thank you for trusting us with your problem.

Can you explain the situation a little more?



Please reply as soon as possible so that we can finish answering your question.
Customer: replied 1 year ago.

Thanks for getting back.


 


1. x boyfriend has sm. claims in NH court for $7k.


2. I wrote to the court saying I live in NC been here since '99.


it's out of the courts jurisdiction.


3. The statue of limitations ran out about decade ago in NH.


4. BotXXXXX XXXXXne he loaned me the promissory note back in 200!


 


I just got a letter from the court in NH saying they want an appearance in Feb. - RU KIDDING? So they ignored the limitations and jurisdiction?

Expert:  wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. It seems the Professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy
Customer: replied 1 year ago.

Hi Wendy!


that's fine...think I may need someone for a NH expert?


 


Not sure...


thanks for getting back...


 


 


Let me know!


 

Expert:  wendy-Mod replied 1 year ago.
Thank you for your patience. We will continue the search for a Professional for you.

Regards,
Wendy
Expert:  Dwayne B. replied 1 year ago.
The problem you are facing is that, while you wrote a letter, that isn't evidence in and of itself. While the things you said in the letter may be true, you have to offer evidence of them in court.

In addition, you may have waived the right to challenge the jurisdiction of the court based on where you live. By writing the letter the court can find that you entered an appearance and thereby submitted yourself to its jurisdiction and waived any objection. Your position will have to be that what you sent was an objection to the jurisdiction.

At this point you have two options, appear in court and argue that the statute of limitations is passed or argue that the court has no jurisdiction due to your location and ask the court to grant the objection you made in the letter.

You can choose to ignore it and then the court there will enter a judgment against you. However, to collect it there in NC they will have to file it there and ask for it to be "domesticated". If the court had no jurisdiction then you may be able to stop them from collecting.

Also, the statute of limitations is an affirmative defense and the burden is on you to prove through evidence offered in court that the statute has passed.

Please ask any follow up questions in this thread. I am about to sign off but I will pick up and continue in the morning if you have any additional questions.
Customer: replied 1 year ago.


hi, the court slip that I was forced to fill out / respond to only gave me 2 options. I called them when I received it and they said you have to choose one or go in default and the plaintiff wins.


 


1. District court hearing before a judge.


2. Superior Court trial by jury.


 


In looking at the the Note that was written in 2000, I just looked at the statute of limitations AND the jurisdiction write ups on the web. So, why would they have me appear in court after I told them I live in NC since 1999?


 


 

Expert:  Dwayne B. replied 1 year ago.
Did you use a form or "send a letter"?
Customer: replied 1 year ago.


It was a form from the court. (pink slip)...

Expert:  Dwayne B. replied 1 year ago.
What you have done is make an allegation as to a defense, but that allegation alone is not evidence. You can appear at court and argue your point and offer evidence and there should be no reason that the judge doesn't dismiss the case on statute of limitations grounds. However, the other side also has the right to contest the matter and try to show that the statute of limitations has not expired.

As to jurisdiction, if you were living in NH at the time the loan was made or the incident happened then the court would have jurisdiction over the matter. There are other ways the court could have jurisdiction as well. To challenge that you would have to appear and challenge it, but as I said before, you are going to have to take the position that your response was an objection to jurisdiction and address that issue first. If not, then you waive the argument.
Customer: replied 1 year ago.


hi, where can I find the actual laws?


 


1. I'm not sure which state to pull them. I only pulled the NH ones.


2. I researched ehow - and it told me that on both counts they had expired.


 


I really don't know why they would have me travel to NH from NC to do this, esp. after I sent them the letter (as the court person told me to do).


 


$300 round trip for this?


 


 

Expert:  Dwayne B. replied 1 year ago.
What do you mean "the actual laws"?

Don't ever rely on ehow. They are often inaccurate. Many of the people writing for them and the people editing the articles have or had no legal training.

The reason you have to travel is because you have been sued. Court doesn't work the way you think it does. Just because you told them the statute of limitations has expired doesn't mean it has. They have to get you on the record with sworn testimony and the judge has to believe you. All sending an answer in does is put the matter in issue. It is now up to you to prove it.
Customer: replied 1 year ago.

So, do I need to get an attorney for NH?


 

Expert:  Dwayne B. replied 1 year ago.
You might want to consider talking to one and getting a price. It sounds like a case that ought to be dismissed and the attorney will know how to file the pretrial motions for dismissal and may be able to get it dismissed without you having to go there. You may even be able to get them to file for sanctions for him filing on a lawsuit past the statute of limitations and get your attorney's fees awarded to you and a judgment issued against him.
Customer: replied 1 year ago.

That makes sense to me! Do you have any recommendations for an attorney in NH? And the 'type' of attorney?

Expert:  Dwayne B. replied 1 year ago.
Unfortunately we can't give specific recommendations as to attorneys. However, if you go to www.lawyers.com and look for one that does civil litigation in that area you should be able to find one with no problem. This should be a relatively simple process if you're going to hire an attorney.

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Experience: Began practicing law in 1992
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