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RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 16370
Experience:  Licensed Texas General Practice Attorney
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I invested with a contract with a person I tried to locate

Customer Question

I invested with a contract with a person I tried to locate the person could not, when located the person the 6year had passed, Do to the fact I could not locate him is their a way I can over come that time period? Also if I tried to contact him at his last known address I had and had no reply within the 6 years would the date I tried would that be my new start date of the 6 years?
Need Help.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  RGMacEsq replied 2 years ago.
Thank you for using JustAnswer.
I'm sorry to hear about your situation. I assume that you're talking about the "statute of limitations" to sue for a breach of contract action. First of all, the statute of limitations starts from the date of breach (when something that was supposed to have been done but was not done, per the contract). It's not from the date of last contact or last attempted contact (I'm sorry to say).
Now some states do have a "tolling" law that will "toll" the statute of limitations (i.e. place it on "pause" for a period of time). Now unfortunately this may only happen if the plaintiff was a minor (under 18) or mentally incompetent at the time the injury occurred.
Note that a lawsuit need be filed, not won or the person contacted with notice of the lawsuit, within 6 years of the breach. But if it's been more than 6 years, and the person was not under 18 or mentally incompetent, then there's not going to be any way around the statute of limitations.
I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. 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, ***** ***** luck to you!
Expert:  RGMacEsq replied 2 years ago.
Did you have any other questions before you rate this answer?
Expert:  RGMacEsq replied 2 years ago.
Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

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