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ScottyMacEsq
ScottyMacEsq, Attorney
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Experience:  Licensed Texas General Practice Attorney
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I am in my thirties. Can I be sued for false accusations made

Customer Question

I am in my thirties. Can I be sued for false accusations made against me when I was in 4th grade?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

Customer:

Thank you

ScottyMacEsq :

Most likely not. In Colorado there are various "statutes of limitation" that govern when you can be sued and how long until such a suit would be "time barred". Now note that you can be sued, but not successfully. Anyone can sue anyone for anything, but to win someone has to have a valid cause of action, as well as overcome any procedural issues. The statute of limitations is an absolute affirmative defense, which means that regardless the strength of the case, if it's outside the statute of limitations, the plaintiff would not win.

ScottyMacEsq :

The longest civil statute of limitation in Colorado is 3 years (for written contracts and uninsured motorist claims).

ScottyMacEsq :

If you're in your thirties, then the time from when you were in 4th grade has certainly been longer than the longest statute of limitation.

ScottyMacEsq :

And as such, the plaintiff would not be able to successfully maintain a lawsuit against you.

ScottyMacEsq :

Note that as an affirmative defense, it would have to be plead. If you don't answer the lawsuit, assuming you have legal notice (through service of process) the plaintiff can still get a default judgment against you. But if you answer, pleading the statute of limitations as a defense, then I don't see any way that they would be able to be successful in such a lawsuit against you.

Customer:

That brings me some peace. It has been five years since the "friend" from my youth accused me and said they would take us to court. Ever since then I have been loosing sleep over it.

ScottyMacEsq :

I'm sorry to hear that, but it should give you peace. The only "exception" to the statute of limitations (the discovery rule) would also be rulled out there, if the friend knew 5 years ago... that exception says that if the victim did not know and did not have reason to know of the injury, the statute of limitations would be tolled until he/she did know.

ScottyMacEsq :

But since your "friend" clearly knew 5 years ago, then the statute of limitations would run at latest from that point, and would already be too late to bring such a claim in court.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

I really appreciate your time!!

ScottyMacEsq :

My pleasure! If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 12217
Experience: Licensed Texas General Practice Attorney
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Customer: replied 1 year ago.

Hello,


I have one more question. The accusation made against me was that I sexually abused this friend (he was in second grade and I was in 4th) thus causing him to become gay. This never happened but I am being accused of this. Would the statue of limitations still apply to this??

Expert:  ScottyMacEsq replied 1 year ago.
That doesn't change the fact that you can't be sued successfully, as the statute of limitations would still apply.

Furthermore, even if you could be sued, the burden of proof would be on the party making the accusation, and with fading memories, etc... that burden of proof would almost certainly not be able to be met.
Customer: replied 1 year ago.

Thank you so much for your help....Now I can rest easy!!

Expert:  ScottyMacEsq replied 1 year ago.
You're welcome, and again, good luck to you!

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ScottyMacEsq
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