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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27689
Experience:  25 years practicing law
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I have a attorneys office take me to court.. I believe that

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I have a attorney's office take me to court.. I believe that this matter is past the statute of Limitations for the State of NH. The Account was breach of contract as of 4/20/08. Meaning that the agreement to scheduled payments on time was in default. Partial payment were made between 4/20/08 & 7/17/2008. This acct never was out of a past due breach of contract. When does the statute of Limitations take effect? The contract clearly states that I was in default of contract and the only accelerated payment clause is for the final payment. The written contract clearly states,,, Default: Borrower will be in default if:1. Borrower does not make any scheduled payment on time.4. Borrower fails to fulfill any promise made under this agreement.I'm looking for some legal precedence disputing that this is indeed past the statute of Limitations set forth by the State of NH. This contract was signed in the state of NH.thanks for any help you can provide.
Submitted: 5 years ago.
Category: Business Law
Expert:  Dave Kennett replied 5 years ago.
Dear JACUSTOMER - The SOL for NH is 3 years for a written contract and 6 for a promissory note. So if this is simply a contract and the last activity was 7/08 then you are beyond the 3 years however if this is a promissory note then you would be within the 6 years. The statute of limitations is what it is so you can claim it as an affirmative defense in your answer. The SOL does not prohibit the plaintiff from filing a suit but it provides you with a defense to the suit that you must raise in your answer. If you fail to raise it then it is waived and the plaintiff can proceed with the suit.
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