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Ask Tina Your Own Question
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Anyone there?
Submitted: 2 years ago.
Category: Legal
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; (B) You may or may not see a timer on the question. The site is doing some testing, but do not worry, this timer should not get in our way. The question may be answered sooner than the timer ends, or a little after. The timer may reset or it may not. Point is - I will try and make it work for our conversation; and(C) For the sake of clarity I may break my replies into several parts, so there may be a slight delay between your follow ups and my replies. Ergo, until you see me saying "I am ready to be rated," that means I am still working with you and we have not finished yet.What can I answer for you?
Customer: replied 2 years ago.
I lost a small claims court and am appealing the decision. the judge states the following in his judgement, the issues of concern to the court was the running 4 years statue on the 2008 further research indicates that the debt was revived either my an axpress promise to pay it or by a distinct and unqualified admission that it is owed, made after the statue of limiations has run and in a writing signed by the party to be charged see witkin summary of california law 10th ed vol 1, pages 271-274, I wish to challenge his reply, can you assist?
Expert:  Ely replied 2 years ago.
Well, that depends - what do you need assistance with? In other words, what is your question?
Customer: replied 2 years ago.
The judge also sites Western Coal & Mining v Jones (1946) 27 C2d819 to support the continuing statue of limitations, so here is my question, in the State of California the statue of limitations to collect of written or verbal contracts is 4 years, this bill is from 8 years ago. Can you assist with finding case law that would support my protection under the statue of limitations?
Expert:  Ely replied 2 years ago.
Sorry, no. I am going to opt out of your question and open this up for other experts.Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.My apologies for any inconvenience and good luck...
Expert:  socrateaser replied 2 years ago.
Hello, Different contributor here. I'm sort of the legal research guru around here -- I have comprehensive access to WestlawNext®, which is one of the two legal research systems used in every U.S. federal and state appellate court. Please permit me to assist. Questions for you:1. Are you the plaintiff, trying to extend the statute of limitations, so that you can collect on the debt -- or are you the defendant trying to use the statute of limitations to prevent yourself from being held liable?2. When you state that you "lost" in small claims, do you mean that you lost at the first small claims department hearing, and you are appealing to the Superior Court for a second hearing -- or, did you lose after the second Superior Court hearing? Thanks in advance.
Customer: replied 2 years ago.
I am the defendant trying to uphold the statue of limitations so that I am not liable. In California after you lose you can appeal but only once and I have my new date this Friday
Expert:  socrateaser replied 2 years ago.
Hello again. Because of the very narrow interpretation of Cal. Code Civ. Proc. 360, I need to review the original agreement, and whatever evidence supports the alleged acknowledgment or promise. To that end, I will send you an additional services offer.