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Statute of Limitations Questions

Statutes of limitations are time periods in which legal proceedings can be enforced. The statute of limitations begins when a plaintiff learns of a wrongdoing. There are several laws that pertain to statute of limitations. The type of statute of limitations depends on whether a case is a federal or state case. Below are just a few of the questions about statute of limitations that have been answered by Experts.

What is the statute of limitations on bad checks in PA? An investigator has been calling me daily telling me that I have to pay for a bad check from 5 years ago or I would be arrested. What should I do?

The statute of limitations for a bad check is two years if the amount of the check is less than $75,000 which is a misdemeanor. Also, the two years begins from the time of discovery by the person receiving the bad check. However, if the check over $75,000, the statute of limitations would be three years and it is a felony.

The next time the investigator calls, find out who he is affiliated with and try to find out more information about the debt. If there was a check and it was in fact a bad check at the time that it was written 5 years ago, the statute of limitations has passed. This means that no legal action can be taken. However, if the check was discovered during the past two years, it would be extremely hard for them to prove that the check was bad when it had been written. The chance that any legal action would be taken against you would be slim.

What is the statute of limitations for sexual abuse on a child in Tennessee? MY ex- husband molested my daughter when she was a child and she told me years later. I know where he is and want to press charges.

There is no statute of limitations on child sexual abuse in the state of Tennessee. Proving that the sexual abuse occurred years ago will be extremely hard to do with no evidence. Also, relying on the memory of your daughter from age 3 will also be difficult. However, your daughter should file the charges and she also needs to file a police report immediately. You should be with her when she files the police report. There may be details that are hard for her to recall that you would be able to supply.

Is there a statute of limitations on filing a complaint with the California Bar Association? My attorney did a poor job with my case which involved a criminal plea agreement and a civil licensing agency agreement. I was not aware that the California Bar has a disciplinary function until recently, so that is why I didn't complain back in 2009.

You can file a complaint by going here:
http://www.calbar.ca.gov/Attorneys/LawyerRegulation/ComplaintForm.aspx However, there is a statute of limitations if you are planning on suing the attorney for malpractice.

The Statute reads:
An action against an attorney for a wrongful act or omission, other than for actual Fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission whichever occurs first. In no event shall the time for the commencement of legal action exceed four years except that the period shall be tolled during the time that any of the following exist:
1. The plaintiff has not sustained an actual injury;
2. The attorney continues to represent the plaintiff regarding the specified subject matter in which the alleged wrongful act or omission occurred;
3. The attorney willfully conceals the facts constituting the wrongful act or omission when such facts are known to the attorney, except that this subdivision shall toll only the four-year limitation; and
4. The plaintiff is under a legal or physical disability which restricts the plaintiff’s ability to commence legal action.

With debts that were accrued in a period between 1991 to 1996, most of whom I have not received any contact or notices from in over 10 years, how does the Statute of Limitations affect me? I live in California.

The statute of limitations in California is 4 years. If you have not been notified about the debt for 10 years, you would have a defense as to why you shouldn't pay the debt. The creditors can always file suit against you regardless of the statute, but you will have an absolute defense using the statute of limitations. However, if you were to make a payment of any kind toward this debt, the statute of limitations will start over.

A statute of limitations is the time frame that a plaintiff has to file suit against a defendant. Knowing the statute of limitations is important if you are planning on filing a lawsuit. If you have questions regarding a statute of limitation, you should ask an Expert who can clarify any doubts that you may have.
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