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Is the contract was not under seal, you are correct that there is a 6 year SOL, see
I hope this information is helpful.
"Under seal" defined at
A contract under seal is a formal contract which has the seal of the signer attached.
Which Court is this in?
Do you have an attorney?
Depending on the terms of the contract, thay may have to pay tyour attorney fees.
Were you sued by the original creditor, or by an assignee?
You can file a dedmurrer to the complaint based on the statute of limitations. You can get a free consultation from some of the local attorneys listed here.
Please follow up on this with a local attorney.
Did you file an actual Answer, or a demurrer or motion to dismiss?
The defense of the statute of limitation can be raised either by answer or by demurrer so at least you properly raised what I think is a vaalid defense.
Almost no contracts are under seal other than some corporate contracts. I assume it must have been a written contract but the complaint is supposed to specify if the contract was written or oral. Does the complaint say anything about that?
Failing to allege whether it was written or oral makes the complaint subject to a special demurrer for uncertainty. I really think you would benefit from having a locla attorney assist you with this.
Does the agreement say anything about attorney fees?
The SOL runs from the date of breach. Did they allege a date that you supposedly breached the agreement?
I do not understand your last post.
Does the contract say the winning party is entitled to attorney fees to be paid by the losing party?
When were the last payments made?
Yes, the SOL would start running from the date you stopped paying, which would be the day after the last made payment or possibly the due date of the first missed payment.
Please let me know what you find out.
Thank you very much for the great rating!
I do not know what "waiver of exemptions" is supposed to mean.
Does it say that in the actual contract?
Did the complaint describe the supposed waiver?
states: "G. Waiver of Exemptions
Section 6-10-120 of the Code of Alabama provides that any person may waive, by a written instrument, his right to claim an exemption to any property. Ala. Code § 6-10- 120 (1975)."
Alabama Code 6-10-120 states: "Any person, by an instrument in writing, may waive his or her right to an exemption in any property exempt from levy and sale under execution or other process." From
They claim that you signed a contrct waiving the exemptions linked from
If you have no more follow up questions, I am supposed to close this thread, so please let me know if I should do that yet.
Yes. Exemptions only apply after there is a judgment.