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Re: question for drew (for Why Chat)


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Posted by Why Chat (209.240.205.61) on January 06, 2004 at 19:16:38:

In Reply to: Re: question for drew (for Why Chat) posted by tuffenuff on January 06, 2004 at 08:09:34:


There is a VERY good reason why a lawsuit is not like an emission test.

A time-barred lawsuit MAY be "legal" under many circumstances, all of which can be raised in Court.

For instance:

The debtor was on active duty,-- (the rules were JUST changed to preclude "tolling" for the time spent on active duty)

The debtor had entered into a debt settlement contract with the creditor and had then defaulted on the NEW contract.(the SOL would start from the newer default date)

The debtor was incapacitated, or incarcerated for some of the period of the SOL, and the laws of THAT State, "tolled" the time.

The main reason however, is a simple principle of law- it is called "due proccess" everyone-- on BOTH sides of any legal issue is entitled to have a fair and equitable hearing of their claim, and of their defense.


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