Accepted Answer

Since the statute of limitations (SOL) has now expired, your husband needs to answer their complaint by objecting to it on the grounds that the SOL has now expired and they are barred from filing the law suit. He needs to file an answer and seek dismissal as the SOL has ran per the state statutes as stated below.


Your husband can cite the following code section (see below) for Pennsylvania to support that the SOL has ran. Even in Texas the SOL has ran as that is also four years. You can see both of these code sections below.

For Pennsylvania:

JUDICIARY AND JUDICIAL PROCEDURE (TITLE 42)

§ 5525. Four year limitation.


For Texas see below.


§ 16.004. FOUR-YEAR LIMITATIONS PERIOD. (a) A person
must bring suit on the following actions not later than four years
after the day the cause of action accrues:
(1) specific performance of a contract for the
conveyance of real property;
(2) penalty or damages on the penal clause of a bond to
convey real property;
(3) debt;
(4) fraud; or
(5) breach of fiduciary duty.
(b) A person must bring suit on the bond of an executor,
administrator, or guardian not later than four years after the day
of the death, resignation, removal, or discharge of the executor,
administrator, or guardian.
(c) A person must bring suit against his partner for a
settlement of partnership accounts, and must bring an action on an
open or stated account, or on a mutual and current account
concerning the trade of merchandise between merchants or their
agents or factors, not later than four years after the day that the
cause of action accrues. For purposes of this subsection, the cause
of action accrues on the day that the dealings in which the parties
were interested together cease.

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Answered:	12/12/2007

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