Statutes of Limitations

The concept of a Statute of Limitations is to prevent someone from charging another of a crime or civil liability long after the memories have faded. Ask your questions here about the time limits associated with various legal actions.

7,805 Questions
Cars & Vehicles
Repossession
Statutes of Limitations

What is the length of time creditors have to file for a claim against you after repossession in Pennsylvania?

It varies from state to state, but in your case about 10 to 14 days. Its time of process is counted on importance.

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Statutes of Limitations
Warrants
Extradition

Will a FTA warrant for felony drug possession show up on live scan from 4000 miles away and what is the statute of limitations for a drug possession warrant?

This would depend on whether the court or law enforcement agency holding the warrant entered it into NCIC, which contains the national wanted persons index. If they did, and your fingerprints are on file with that court or agency, then yes, a live scan of your fingerprints is going to reveal the existence of the warrant. Whether or not you are arrested immediately depends on whether the court or LE agency holding the warrant wants you badly enough to send someone to bring you back.

Arrest warrants are valid until served or recalled. There is no "statute of limitations" on a warrant.

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Labor and Employment Law
Workers Compensation
Statutes of Limitations

What questions does your previous employer have to answer?

In this climate of litigation, the probability is that most organizations that have been given the proper legal advice will only disclose three pieces of information about you, no matter the quality of the job you did:

  1. Dates you were employed.
  2. Your job description or employment capacity.
  3. Your salary information.

Some information is absolutely prohibited from disclosure:

  1. School records, without your consent;
  2. Criminal history, though this varies from state to state and the nature of the prospective employer (however, your criminal record is public info, available to all);
  3. Medical records, without your consent;
  4. Questions about a disability you may have, unless that disability impinges directly on your ability to perform the job even if the prospective employer makes "reasonable accommodations";
  5. Certain governmental records, such as personnel records of local or state employees in some jurisdictions (Even if not provided by your previous employer, government employee records are public info);
  6. Your history of worker's compensation claim(s).

Your driving record is public record and can be released without your consent.

Legal Realities

Your previous employer does not have to answer any questions. (Remember the First Amendment? Freedom of speech is also freedom not to speak.) The past employer bears significant liability for a defamation action by you if it reveals any information that is both (1) untrue and (2) damaging to you. If the answer prevents your getting the job, it is damaging to you.

As stated at the beginning of this answer, most organizations, particularly large organizations, governmental organizations, and smaller organizations that have been given good advice by lawyers have very strict policies governing what information is allowed to be released about you.

If you are unsure about a potential reference there are several companies that will check your references for you and give a detailed report. Put "reference check" in a search engine and you will discover information about many such businesses.

If the referee is very pleased with you, (s)he may be inclined to give a glowing reference, but, again, the strict policies apply, and in today's era of litigation, the probability is that the organization will remain silent except for the three pieces of information mentioned at the beginning of this answer. Further, the referee that gives out the "glowing" reference may be exposing her or his organization to liability should your prospective employer suffer damages because of you--the present employer may bring an action against the referring employer for failing to disclose the negative information.

One way people gather information about applicants while reducing liability is for an individual person working for the prospective employer, acting, supposedly, "as an individual," to contact the referee at home in her or his capacity "as an individual," so that the referee is not acting as an agent of the organization. That way, sometimes, information flows more freely, but an individual contacted will still fear saying much that is negative about you for fear of a legal action by you, as already described, or a governmental entity, such as the Equal Employment Opportunity Commission (EEOC) or your state's version of the EEOC.

This is a complex topic. The above is, admittedly, a simplification. We recommend you seek some additional information.

There is a good and readable summary of the legal issues (albeit for California only) here:

http://www.esrcheck.com/ESRPublications/Reference_Checking.html

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Personal Finance
Loans
Statutes of Limitations
Money Management

Statute of limitations on Sallie Mae loans?

If this is a Federal Student loan unfortunately, THERE IS NO STATUTE OF LIMITATIONS. If this is a PRIVATE, UNSECURED STUDENT LOAN, by LAW, this is subject to a STATUTE of LIMITATIONS.

One quick way to check what kind of loan you have is to simply contact the Dept. of Education and ask them for a full account and record of all your Federal student loans.

Depending on the competence, or honesty of the judge and lawyers involved, you should expect a reasonable resolution of the statute of limitations has passed. Sallie Mae is a dirty company and will lie about terms of your contract, date of origination and sometimes even what school the loan was for. Make sure to keep ALL your records and come prepared to court.

Call an attorney and Good luck.

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Statutes of Limitations

Federal statute of limitations for misdemeanor?

It is set as 5 years in most cases. There are exceptions and it can be difficult to find them. Consult an attorney that handles federal cases to find more specifics.

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Statutes of Limitations
Criminal Law

Arizona Statute of limitations for Misdemeanors?

It will depend on what the level of the specific charges are. Misdemeanors will be set at 1 year and petty offenses at 6 months. It is tolled if the identity is not known or they are absent from the state.

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Statutes of Limitations
Court Procedure

What is a stay in legal terms?

A stay occurs after a judge issues a ruling. Now let's say the ruling tells person A they cannot be within 50 feet of person B. A stay issued either by the discretion of the judge who issued the ruling or a higher court such as a circuit or supreme court will effectively stop the ruling from happening. Now if a higher court issued a stay on this order then person A can come within 50 feet of person B.

189190191
Statutes of Limitations
Criminal Law

What is statutory sodomy?

Statutory sodomy is two different things put together. Statutory meaning that the offender is of legal age to participate in consensual sexual acts whereas the victim is under the legal age to participate in consensual sexual acts as provided by your particular state.

Sodomy is anal or oral rape.

Additional Information:

Statutory Sodomy is a sex offense that, in some states, is defined separately from statutory rape. "Statutory" implies the victim is below the age of consent, which age varies from state to state; and also implies the intercourse may have been voluntary, even if the victim is below the age of consent.

Missouri is one state that recognizes statutory sodomy as criminal behavior, and defines it as follows:

Section 566.062 Statutory sodomy, first degree

  1. A person commits the crime of statutory sodomy in the first degree if he has deviate sexual intercourse with another person who is less than fourteen years old.
  2. Statutory sodomy in the first degree is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless in the course thereof the actor inflicts serious physical injury on any person, displays a deadly weapon or dangerous instrument in a threatening manner, subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person, or the victim is less than twelve years of age, in which case the authorized term of imprisonment is life imprisonment or a term of years not less than ten years.

Comment: Like statutory rape, this statute criminalizes deviate sexual intercourse with anyone under fourteen years old, regardless of force or consent.

Section 566.064 Statutory sodomy, second degree

  1. A person commits the crime of statutory sodomy in the second degree if being twenty-one years of age or older, he has deviate sexual intercourse with another person who is less than seventeen years of age.
  2. Statutory sodomy in the second degree is a class C felony.

States that don't have specific statutory sodomy laws would classify sex with a minor as statutory rape, or, in some states, simply as rape, regardless of the specific acts performed.

147148149
Law & Legal Issues
Statutes of Limitations
Criminal Law
Warrants

How long is a court warrant valid in Arizona?

A warrant ordered by the court is in effect until the court rescinds it. Or the person is brought to trial or a hearing and the matter is resolved. It is not something that can or should be ignored, as it could also culminate into contempt of court charge(s) adding further complications for the defendant.

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Auto Insurance Claims
Statutes of Limitations
Small Claims

Is there a statute of limitations to file a claim?

Statute of Limitation for Insurance ClaimsMost state regulation provide for a maximum of 2 year delay for filing an insurance claim. You should refer to your state's regulations for specific limitations. Your insurance agent will generally know the limitation for the state he does business in.

Most homeowner policies require notification as soon as the loss occurs. The Commonwealth of Mass has a two year statute of limitations; however, most insurance companies will proceed under a non-waiver agreement or reservation of rights letter, as the report of the loss moves away from the date of loss. They do this so that their rights are protected.

With such an agreement in place, the insurer will proceed to investigate the cause of the loss and if their rights have not been prejudiced, they will continue to negotiate and settle the claim with the homeowner.

As the reporting time of the claim moves beyond a day or two, things can happen which could compromise the insurer's ability to determine the available coverages, the actual cause of the loss or determine the responsible parties. If the late reporting compromises their efforts they may deny coverage based on the late report of the incident.

Small Claims Court- Civil

If this is the type of Statute of Limitations to which you are referring, it is defined by statute in each state. The civil lawsuit must be filed with the court having proper jurisdiction within the governing limitations period, or else the suit will be time barred. Service of process will also have to be made on each defendant so that they have actual or constructive notice of the lawsuit. While the accomplishment of service is not necessary for the lawsuit to be deemed timely filed within the limitations period, the failure to achieve service and/or the failure to diligently pursue the achievement of service may result in the dismissal of the lawsuit against the unserved party. In that event, the applicable Statute of Limitations may expire as to that person or entity in the interim.

The limitations period depends both upon the state in which the action will be filed (either where the cause of action accrued, where one or more of the defendants reside or do business, or where the contract was entered or breached), and the basis of the cause of action. As to the latter, there will generally be different limitations periods depending upon whether the cause of action sounds in tort (generally defined as a "personal wrong", such as battery, slander, negligence), or in contract (a promise for a promise, a promise for an act, or an act for an act). As to breach of contract cases, the limitations period can differ depending upon whether the contract was verbal or written.

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Relationships
Statutes of Limitations
Criminal Law
Batteries

How long do you have to file assault and battery charges after the incident?

In Canada, there is a 6 months statute of limitation for summary conviction offence. If the prosecutor decide to proceed by criminal act, there is no prescription.

Do not forget that the more you wait before filing a charge for assault, the more the defence lawyer is likely to argue that you do not have credibility.

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Statutes of Limitations
Criminal Law

What is the statute of limitations on theft of property in Alabama?

In order to answer the question accurately it must be known if this is a misdemeanor offense or a felony offense.

See below link for further information:

168169170
Loans
Mortgages
Liens
Statutes of Limitations
Money Management

What is a second mortgage and is there a statute of limitations on a lien?

Answer

You can have more than one mortgage on a property. The second mortgage will always be smaller, and will depend on the equity you have in the property. (Equity is the difference between what the house is worth and what you still owe on it, ie. the first mortgage.)

People typically get them to do home improvements or pay off credit card debt.

Answer

The second mortgage also refers to the position on the lien.

Lenders who are in the first position have the primary lien against the property. They would be able to foreclose on the property should a borrower default because of their primary lien position. The second lien position relates to the amount of money loaned and that second position. A secondary lien holder would find much more difficulty foreclosing on the property. This is why second mortgage interest rates are typically much higher than first mortgage rates, to compensate for the higher risk.

Think of this in terms of other liens against property. For consumers who have money problems, get sued and have judgments issued against them; there can be a number of lien against their property. The position would depend on the time frame and amount of money owed.

All liens (which is what a mortgage is) encumber title and can prevent sale of the property.

There is no statute of limitations per se for a perfected judgment (one attached to property). A judgment lien can be from 5-20 years and in most cases is renewable.

There are time restrictions on when a judgment can be perfected and those are set by the state in which the judgment debtor resides.

166167168
Auto Insurance Claims
Workers Compensation
Statutes of Limitations

Can you still file a workmen s comp claim if the injury happened 2 months ago?

Workman's Compensation Insurance is regulated by the laws of the state in which you reside. There is usually a time limit in which to file a claim. You should check the state statutes concerning WCI, for your state. Or contact the Labor Relations Board.

166167168
Statutes of Limitations

What is the statute of limitations for a littering ticket?

There is no statute of limitations on the ticket itself. Rather, the statute is on the charge, meaning you must be given notice that you are being cited within a certain period after the offense is alleged to have been committed.

The specific length of time that the state must cite you depends on the state itself, but it is normally around 2 years for minor misdemeanors of this sort.

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New York
Taxes and Tax Preparation
Statutes of Limitations
Income Taxes

Statute of limitations for New york state taxes?

This is more a "generally" answer than specific to any tax...although most have their own specifics, the generalities remain the same.

There are many SOLs..ones for reviewing return, ones for assesing the tax, and ones for collecting the tax assessed. Together than can make for a long time under any circumstances.

The SOLs are different for each type of tax.

For individuals on income tax, the first is generally 3 years from when you filed the return.

If there is a gross understatement of tax (25% or more), then the statute is 6 years.

There is no statute if fraud is involved. (Fraud can sometimes be considered by intentionally not paying any amount, especially over 25%, without any real legal support.

MOST IMPORTANT: The Statutes don't even start to run until a return is filed. (Didn't file, always open...no SOL argument available).

The way the time is counted gets complex. Many things toll (means stops) the running/counting of time...like the Govt sending a letter (responded to or claimed to have been received or not to what is/was your last known address with that Department), negotiating, etc. Generally holidays and such don't count either.

Commonly, a jeopardy assesment is issued before the SOL for assessment runs out. Specifically allowed by law if the Govt feels it is at "jeopardy" of losing out. These assessments are obviously very high and actually change your legal position as they are given the "presumption of correctness" and become what you then have to prove inaccurate by specific amounts.....rather than the Govt having to prove your return inaccurate.

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Credit and Debit Cards
Loans
Debt Collection
Statutes of Limitations

Will making a first payment on a debt after the statute of limitations has run out reset the statute of limitations in New York?

It may not reset the date entirely, but it can affect the SOL. You need to do some research on the internet regarding NY SOL. Or, better yet, contact an attorney knowledgeable about consumer law in that state. SOL is a state law. * Yes, even a token payment will restart the SOL. SOL's begin from the date of last activity on the defaulted account, therefore when if a payment is made it will be considered the DLA on the account.

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Statutes of Limitations

What are the statute of limitations for filing criminal charges on a bad check?

there is no limitation in the state of Ga. if charges have been filed.

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Statutes of Limitations
Criminal Law
Wisconsin

Statute of limitations for theft in Wisconsin?

939.74

FELONIES: Homicide: none; 1st degree intentional or reckless homicide, murder: none; intentional causing of bodily harm, recklessly causes bodily harm, failing to prevent bodily harm, mental harm, enticement causing bodily or mental harm, or giving or selling a controlled substance to a child: before child turns 26; others: 6 yrs.; sexual assault, physical abuse causing, sexual exploitation, incest, enticement of, or solicitation for prostitution of a child: before victim turns 31 yrs. old; if DNA evidence collected and can identify offender, within 1 year of identification if collected before time limitation expired.

MISDEMEANOR OFFENSES or ADULTERY: 3 yrs.

TIME WHEN STATUTE DOES NOT RUN: Not publicly resident; if victim is unable to seek issuance of a complaint, that time period excluded due to threats, etc.; prosecution pending for same act.

See below link:

149150151
Statutes of Limitations
Criminal Law

What is the statute of limitations in Texas for a felony charge on a juvenile?

It depends on the offense. You can find specific information here: http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.12.htm

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Auto Loans and Financing
Loans
Debt Collection
Statutes of Limitations

What are the chances that a creditor will sue you just before the statute of limitations runs out?

The decision to sue a consumer to recover debt within SOL is often made with collectability and profitability in mind. The collection agency would consider the amount of the debt, whether or not the consumer had any real property, bank accounts, and/or income which could be garnishd. The "chances" would be greater if the answer is yes.

143144145
Divorce and Marriage Law
Statutes of Limitations
California

Does a married couple have to live apart to get a divorce in massachusett's?

Typically speaking yes, living separately does help the validity of the case however if you live in Louisiana with your wife under her stepdad's roof he might demand she sign an "annulment" so under those circumstances yes you can be divorced and live under the same roof. To know for certain, I really need more info. Where you live, how long the mairrage has existed, etc. In most jurisdictions a petittion for divorce will be taken seriously if the two plaintiff's have separate addresses assuming it's a contested case. If neither party contests, it may still be possible. I've seen three cases in Nevada (between 1990 and 2002) where these circumstances applied and there were little problems. Bayouresearch@myway.com if you need to know more. If you are filing for a no-fault divorce (incompatibility/irreconcilable differences/irretrievable breakdown of the marriage/etc) some states do require that you be separated for a certain period time. However, it's possible that you might be considered 'separated' even if you still live in the same house, as long as you are not sharing a room/having sex. You need to check the laws for your specific state.

142143144
Law & Legal Issues
Statutes of Limitations
Criminal Law

What is the statute of limitations on attempted murder in Missouri?

I deal with Okla law but I think its the same. Its consitered CAPITAL in most cases and there is no limit..

Attempted murder in Missouri may be charged as the Class A felony of Assault in the First Degree for which there is no statute of limitations.

137138139
Statutes of Limitations
Criminal Law
Massachusetts

What is the statute of limitations for a gun charge in massachusetts?

There is not enough information given in the question to answer. Gun charges involved with WHAT offense? Simply possessing the weapon, or using it in the commission of a crime?

Gun possession during the commission of a felony is an ENHANCEMENT to the felony charge and brings added jail time. That is why it is necessary to know what specific offense was being committed.

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Statutes of Limitations
South Carolina

What is the statute of limitations for grand larceny in South Carolina?

There is no statute of limitations for any criminal offense in South Carolina.

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