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FAQ

What happens to private student loan info if credit reporting 7 years runs out but Statute of Limitations hasn't?
Private student loans run the same as any open account. For example, in California, the SoL is four years on open accounts. It may report adversely on your credit for seven years. After that, it is not legally-collectible, and it will not appear on your credit reports.In some states, any contact with the original or junk debt buyer resets the SoL clock[1] .Beware of junk debt buyers who may attempt collection activity after the SoL and/or reporting time ends. Do not pay any of them, and if anyone puts the item back on your credit report, file a lawsuit.Footnotes[1] Can a Debt Collector Restart the Clock on My Old Debt? | Credit.com
How would you explain to a nine year old why there’s statutes of limitations?
This is the kind of stuff that don’t need to be explained to children of that age.Simply tell them that certain crimes have a time limit for the authorities to deal with them.Tell them that the time limit is a practical reality because the matter gets increasingly out of date because the evidence for it increasingly disappears over time and the witnesses increasingly forgets the details.Also tell them that certain serious crimes like murder will never have that time limit because a person’s like is gone and the authorities have a duty to keep investigating until it’s no longer doable.Then finally tell them that many countries by history or way of life don’t have this time limit for all crimes • such as the UK.
How long do you typically have before a statute of limitations runs out?
That question is too broad to give a useful answer. You need to narrow the scope to what, specifically, you want to know if there is a statute of limitation. A statute of limitations is a period of time after the occurrence of an event that a legal process can be initiated. Once that time period expires, then no legal process can be initiated to resolve the issue.In the U.S., most court cases, civil and criminal, are going to arise under state law. Each state will have its own statute of limitations for various things. The SOL’s in the civil arena tend to be more uniform. For any civil claim (e.g. collection of debt, personal injury, breach of contract, etc.) the SOL’s range usually from 1–6 years, with the most common time frame being 2–4 years. In the civil arena, the SOL’s tend to be relatively short.In the criminal world, you get much longer SOL’s and for some crimes, there is no SOL (e.g. murder).You will need to review your state’s statute of limitations laws to determine which applies to your specific situation.
How soon do I need to have a trial on a speeding ticket? Is there a statute of limitations in CA? I had my trial more than 6 months passed the date of citation. Can I get out of the ticket due to the length being longer than 6 months?
With due respect to Tim Dees, and I really mean that, the speedy trial aspect can be extended beyond what he stated.I had a ticket that I fought, years ago, in which this finally figured.When I got the ticket, I filed a Discovery Motion with the CHP (issuing agency) requesting information on the RADAR unit used, the officer’s training, the officer’s track record, etc. I had this motion served on the department, but later learned that it is more proper to serve the District Attorney’s Office (it makes little difference, in reality, about getting an answer - in fact, it can take longer to get a reply, which will help you as a defendant).I found-out separately that this officer was a rising star in the department, who had earned awards for his good service. He had a great article about him published in the local paper, during this time, and I almost felt bad about fighting him on the ticket, but it was not something that would damage his career. I commend him for that, and fighting a traffic ticket is never personal, or at least, should not be like that.Anyway, we appeared in court, in front of a back-up judge. I presented my Discovery Motion and stated that I had not received the items requested, and I moved for a dismissal of the charge.As the judge was temporary, he refused to rule on the motion, and he instructed the officer to prthe information requested, in time for the next court date. While this was a procedural violation on the part of the judge, what am I going to do about that?So, we come back to court a few weeks later, and we have another temporary judge. By this time, the CHP had provided all of the information requested, but I only received it two days before the court date, rather than the 15 days, required by law.Again, I complained, and I asked for a dismissal. This temporary judge said, “I see all of this information that you requested, so I can’t just dismiss your case.” I asked, “Can we set a hearing to discuss my motion?” He agreed, and set a hearing date about 3–4 weeks later.However, in setting the hearing date, he was not resetting the case for trial, so I wasn’t asked, or required, to waive time. By the hearing date, a full 90+ days had transpired from the time I last faced the officer in court to discuss the ticket.Once I got to the hearing date, in front of the proper judge, I moved for dismissal of my case, again, due to the non-compliance with my original Discovery Motion. While an argument could be made that I had received everything that I requested, the proper timelines were not being followed, and court is all about following rules. Since this was actually an ex-parte motion, the officer was not present.My motion was refused, I think in-part, due to the timeline issues, but the judge (knowing me from other appearances) asked me if “I have any other motions.” He was baiting me.I knew that he was prompting me, and for the life of me, I could not come-up with “speedy trial.” Eventually, I just said, “Time!”He dismissed my case. At this point, a full nine months had passed since my apprehension for speeding, and the clock didn’t reset, so I was able to raise the “speedy trial” defense, and prevail.He told me that the clerk had informed him of the time issue, when giving him the folder for the case, but he needed me to make the right motion.I was absolutely guilty of the charge…EDIT:I went through this entire explanation, and then I realized that I have not answered your question.Unless you have waived-time for prosecution, then six months will allow you to have a “speedy trial” defense. However, if you were granted an extension that you requested, you likely had to “waive time” for prosecution.If it has been six months, because you failed to appear, you have much bigger issues, and this won’t absolve you of the citation. If you have been extended, due to actions by the bench (as in my case), you might be able to raise “speedy trial” as a defense, but this is rare. I got lucky. You might not.Most people will recommend that you extend the time as far as possible, as this could lead to the officer being an ineffective witness against you, due to memory lapse, but you had better have been a model citizen when you were pulled-over. If you made any complaints, I can promise you that the officer wrote a book about you, on the back of your ticket, which information will certainly be a part of his testimony.Generally, you have about 45 days between your citation being issued and your trial date. In California, you have 30 days to file a Discovery Motion, but the prosecution must give you an answer 15 days prior to trial. If you do the math, you can see that this is a near improbability. Some judges won’t help you, and they will require you to grant more time to the prosecution, if they have given a best effort to comply.If you refuse to waive time, they can rule against your motion for dismissal, and you will have to fight in court. If you allow time, then you still have to fight in court. You could appeal the judge’s ruling, but you will likely lose.
Is there a specific date attached when a statute of limitations runs out on a crime, or is it a general month that it runs out? And how does someone know if the statute of limitations has run out?
The statute of limitations "usually" begins on the day that there is evidence to support that a crime has been committed, and the victim is aware, or reasonably should be aware, that the crime was committed against them.For example a person who lives alone goes to the hospital for several months.The day after the person is taken away in the ambulance, someone breaks into his home.Since the person was living alone, no one actually knows of or reports the break-in, but as soon as the person is released from the hospital and returns home he reports the break-in.Detective work demonstrates that the break-in actually occurred on July 15, but wasn't discovered until November 28.The statute of limitations begins on November 28, because that is the day when it was first discovered by the victim that a crime had been committed.That time may be tolled, (not counted) under certain conditions, which are usually specified either within the statute that makes the act a crime, or is defined by a higher court in one of it's written decisions.In the above example, the time from July 15 until November 28 was tolled.Since a statute of limitations is generally defined in years, if the statute of limitations for a break-in was ten years, then the statute of limitations in the above (HYPOTETICAL) example would run on November 28, ten years after (the discovery) of the break-in.However, murder and many other major felonies "NO LONGER HAVE A STATUTE OF LIMITATIONS."
How many years is the statute of limitations valid for broken furniture?
I thought the statute of limitations is for like criminal cases.Generally if you buy a piece of furniture then there’s warranty information that arrives with it. Sometimes a part might be for a couple of months or maybe a larger part for up to a year. But if the furniture arrived broken you can certainly talk with “support” and return that furniture. If it’s a wooden part then maybe you could replace it for a small amount. If it’s not in a pressure part of the pieve of furniture you might be able to repair it with wood glue. If it’s like a futon you can buy replacement rocker parts. If it’s the cushion you can either replace the cover or re-do the entire cover of the furniture to match your decor.
How does the statute of limitations apply to dental work?
Statutes of limitation limit when you can file a lawsuit. If you actually fileda lawsuit, the fact that the person fled the jurisdiction likely doesn't have any effect, though it makes the chances of recovering anything pretty slim, particularly if they have ten other pending suits against them.You should consult with a licensed attorney in your jurisdiction to ensure that you gave drive everything necessary to toll any applicable statute of limitations. It's a complicated and intricate part of the system and even lawyers struggle with it sometimes.
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