What does statue of limitations mean? How is it applied in NC?

Question

Please use easy terms as I've looked this up and still am a little confused. :) Thanks!

Answer 1

Statue of limitation is the time frame a debt collector has to sue you and get a judgement again you in a court of law. Other words, you live in NC...the statue of limitations is 3 yrs for all debt...5 for promissory notes(mortgage), that means, they have those years to sue you, garnish your wages or checking account and get the money owed.

Answer 2

Below is the long drawn out explanation. statue of limitations means that there is a time limit basically. so after a certain period of time you can no longer file a claim. a statute assigning a certain time after which rights cannot be enforced by legal action or offenses cannot be punished

Statutes of limitations, which date back to early Roman Law, are a fundamental part of European and U.S. law. These statutes, which apply to both civil and criminal actions, are designed to prevent fraudulent and stale claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time or the defective memory, death, or disappearance of witnesses.

The statute of limitations is a defense that is ordinarily asserted by the defendant to defeat an action brought against him after the appropriate time has elapsed. Therefore, the defendant must plead the defense before the court upon answering the plaintiff's complaint. If the defendant does not do so, he is regarded as having waived the defense and will not be permitted to use it in any subsequent proceedings.

Statutes of limitations are enacted by the legislature, which may either extend or reduce the time limits, subject to certain restrictions. A court cannot extend the time period unless the statute provides such authority. With respect to civil lawsuits, a statute must afford a reasonable period in which an action can be brought. A statute of limitations is unconstitutional if it immediately curtails an existing remedy or provides so little time that it deprives an individual of a reasonable opportunity to start a lawsuit. Depending upon the state statute, the parties themselves may either shorten or extend the prescribed time period by agreement, such as a provision in a contract.

Criminal ActionsA majority of states have a statute of limitations for all crimes except murder. Once the statute has expired, the court lacks jurisdiction to try or punish a defendant.

Criminal statutes of limitations apply to different crimes on the basis of their general classification as either felonies or misdemeanors. Generally, the time limit starts to run on the date the offense was committed, not from the time the crime was discovered or the accused was identified. The running of the statute may be suspended for any period the accused is absent from the state or, in certain states, while any other indictment for the same crime is pending. This suspension occurs so that the state will be able to obtain a new indictment in the event the first one is declared invalid.

Civil ActionsIn determining which statute of limitations will control in a civil action, the type of Cause of Action that the claim will be pursued under is critical. States establish different deadlines depending on whether the cause of action involves a contract, personal injury, libel, Fraud, or other claim.

Recovered Memory: Stopping the ClockStatutes of limitations are intended to encourage the resolution of legal claims within a reasonable amount of time. Courts and legislatures have had to reconsider the purpose of time limits in dealing with the controversial issue of Recovered Memory by child Sexual Abuse victims. For the most part, the clock has been stopped until a victim remembers the abuse.

In the 1980s some mental health therapists began exploring the nature of child sexual abuse. They contended that memories of childhood trauma are so disturbing that the child represses them. Many years later, while in therapy or by happenstance, the person remembers the traumatic events. Therapists built on this concept, working with patients to fully recover these memories.

Victims of child sexual abuse who sought to sue their abusers for damages faced a statute of limitations question: Had the time expired to file a civil lawsuit because the memory of abuse was not recovered until many years after the actual abuse? Courts that faced this issue for the first time sought ways to circumvent the time barrier. One method was to apply the "discovery rule" found in Tort Law. The discovery rule applies if the injury is one that is not readily perceptible as having an external source. Thus, a person who has serious mental health problems but does not know the cause will be allowed to toll (suspend the running of) the statute of limitations until he or she discovers that the injury was caused by the defendant's tortious conduct.

Legislatures have been urged to amend their statutes of limitations to permit recovered memory plaintiffs to sue their abusers. Between 1989 and 1995 24 states had amended their laws. By 2003, 42 states had codified some form of a recovered-memory law on their books, while one state admitted recovered-memory evidence pursuant to its Common Law rules. Typically recovered-memory laws provide that the action must be filed within a certain number of years after the plaintiff either reaches the age of majority or knew or had reason to know that sexual abuse caused the injury. Because of these judicial and legislative changes, many lawsuits have been filed alleging child sexual abuse that occurred many years before, sometimes as long as 20 years earlier.

depending on what the case is, is how the statue of limitations applies

http://legal-dictionary.thefreedictionar...

Answer 3

In all jurisdictions, the term statute of limitations simply means the time in which you have to file an action in civil cases.  In some states, a car accident must be filed within 2 years from the date of the accident.  All types of cases: collecting a debt owed, and some states have a different time period when filing a medical malpractice case.  You really need to consult the Code of North Carolina. Or better still, talk with an attorney who actually specializes in the area in which you have a potential legal claim or problem.  State law is far and away the controlling law in most cases.  But, you need to ask yourself if you have a federal case. In that case, you must really be careful in selecting an lawyer to define your options.  This is not legal advise; rather,  a general outline about statues of limitations.  And as always the answer depends on the special facts of the case.

Answer 4

Mostly used in lawsuits.  What it means is that you only have so long to file a lawsuit or you are just out the chance.  For example, let's say you loan someone money.  You get an IOU signed.  Now it's been 13 yrs and you find that IOU and try to sue them.  Well you can't remember the details as to if they paid you back.  It's been too long for them to be able to prove they paid you back.  So it's thrown out.  The statute of limitations has run out and neither of your memories can be reliable over this long.

Answer 5

The Statute of Limitations (SOL) is the timeframe to bring lawsuit.  It varies from state to state and the type of debt but typically the clock starts from the last activity or last payment.    If you are sued for a debt that is beyond the SOL, you have to show up in court and offer the SOL as an affirmative defense.

Check this site for more info:  http://www.bcsalliance.com/statute_of_li...

Answer 6

well its used in rape cases for example you were raped you would only have 5 years to find the man otherwise if the police were to find him after the statue of limitations ran out there would be nothing they could charge him with

Answer 7

This link explains it pretty well.

http://www.creditinfocenter.com/rebuild/...