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Also, if you would like to chat on the phone, let me know and I can make that happen.I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?
Are you asking the statute of limitations?
A statue of limitations is an "affirmative defense"
That means it is the burden of the defendant to raise this issue, to the court, during the proceeding.
If the statute of limitations has expired? Then you would want to raise this with the judge at the hearing.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
The "breach" is when the payments are missed. SO, say you signed the contract in 97 but stopped paying in 99...that is when the statute of limitations starts to run.
Its not the day it was signed that counts...its the day that you stopped paying.
It means that if more than 6 years have elapsed since the alleged "breach" (when you owed the money but failed to pay) then you can raise statute of limitations as a defense.SO if the money was due 10 years ago and you have not paid?? IT is too late to collect (the statute of limitations has expired)
Easy...the statute begins to "run" the day you missed the first "fees" payment. If that was over 6 years from the day they filed the suit?? Then the statute of limitations has expired.
The fact they never terminated is not relevant.
The issue will be IF you had an obligation to pay and did not pay, when required. DId that happen?
If more than 6 years have passed since the payment was due? Then the statute has expired...you can tell the judge this and ask them to dismiss the case
Correct. If more than 6 years have passed since the money was due?? The statue has run.Period.You would raise this issue with the judge during the trial. So you ask the judge to dismiss this case based on the statute of limitations
I have opted out to allow others to assist you, if they are willing. I wish you thebest of luck
Sorry...I am unwilling to go back and forth on this further. I had offered a phone can but it seems you are not interested...that is fine. It may be someone else here is willing to work with you...there are other experts who can see this and can weigh in if they like.If you are not satisfied with the service you can contact customer service here
and they will refund your deposit
Best of luck to you