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If the deposition is scheduled after the statute of limitations has expired do you still have to appear?
Wiki User
∙ 18y ago
Absolutely, a deposition is testimony under oath. Appear at the appointed time with any documents that you have been asked to bring, DO NOT bring any other documents or materials. ALWAYS tell the truth. Listen very carefully to the questions, and THINK carefully before answering. If you do not understand the question, ask for it to be reread and/or explained. Do not speculate, make small talk and NEVER joke or behave disrespectfully. If you do not know the answer to a question just say so, do not try to "invent" a response. Always keep in mind you are under oath and subject to charges of perjury if you deliberately give misleading or false testimony. I am assuming that there was a complaint and summons filed within the statute of limitations from which the notice of deposition arises. If a suit was filed before the statute ran, then yes, you would be required to attend and answer questions under oath to the best of your recollection. If there was no suit filed within the statute of limitations, and a deposition was noticed in a late filed action, you could decide to decline to appear, unless the deposition notice was accompanied by a subpoena. In that case, you shoudl consult a local lawyer and attempt to have the notice of deposition quashed, and the suit thrown out. Otherwise, you are required to attend if you are a party to the suit.
Wiki User
∙ 18y ago
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Is there a statute of limitations on a deposition?
Statute of limitations deals with bring a law suit for civil or criminal actions. They do not apply to a deposition.
What to do if statute of limitations expired on felony?
Go on living your life.
Can a creditor levy your bank account after the statute of limitations have expired?
No
After five years can a creditor still take you to court?
What you are asking about is a statute of limitations. If a creditor files suit after the statute of limitations has ended, you can file a motion to dismissed based on the expired statute of limitations. The length of the statute of limitations depends on the state and the type of claim they'd be filing against you.
Can a credit card company sue you after 6 years?
Yes, it can even if the applicable statute of limitations on the claim has expired. A court will not refuse to accept a complaint for action just because the statute of limitations has expired. Nothing in any court rule forbids a plaintiff from filing an action that is beyond the statute of limitations. In fact, court rules require that a defendant must make an affirmative statement in the answering pleading that the claim is barred by the statute of limitations or that defense will be waived and the action may proceed even though the statute of limitations has expired. Once the statute of limitations has been raised as an affirmative defense, the plaintiff is required to prove that the SOL should not bar its claim.
Can i collect monies owed to my family since 1966?
Answer: Probably not. You can only sue if you have a promissory note (promise to pay in writing) and they have a short statute of limitations that has likely expired. Check your state statute of limitations. A mortgage would have a longer statute of limitations.
What do you do if the statute of limitations has expired on a felony drug charge?
You need to consult with a criminal attorney. They will know whether the limit has actually expired.
Statute of limitations met on vehicle cosigned on 2001 daughters car now being threatened w payoff options by collect agency stat of limit met 1107.what are options didnt' know it was still an issue?
If the statute of limitations has expired, the collection agency is just blowing smoke. Tell them that you know the statute of limitations has expired and they have no right to harass you.
What is the statute of limitations for expired inspection ticket in Texas?
There will be no statute of limitations for a ticket in Texas. The ticket provided notice that you violated the law. The time the jurisdiction may collect is set by the city or town.
Can a judgment be reversed if statute of limitations is up in state of NJ?
Not if the judgment was obtained before the statute of limitations for the debt expired. The statute of limitations requires that a lawsuit be filed on the claim before the limitation runs out. While it might prevent the plaintiff from getting the judgment, but it does not invalidate the judgment.
Can you arrest a person who committed a crime 3 years ago?
Yes you can if the statute of limitations for that crime have not expired.
Can you sue for debt after the statute of limitations?
It is unlikely that they can sue after the statute of limitations has expired. However, when the time starts is going to be in contention.
