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Statute Of Limitations Defense
Summary
The statute of limitations for contract claims in New York was recently shortened to 3 years, effective 2021. This change may impact your case if it applies retroactively. Since the lawsuit was filed in New York, its statute of limitations laws generally govern. The original lawsuit filed in 2020 may have tolled the statute of limitations, affecting the refiled case. Reviewing court records can help determine if tolling was involved. Consulting a legal professional is advisable for a detailed analysis of your situation.Full Conversation
Do I have a defense of statue of limitations if I live in Texas and received a MCA business advance for my business (with a personal guarantee) in * from a company in New York which they claimed I “defaulted” on in *. Which I stopped payment due to breech of contract on their behalf (multiple double daily payments).
Nevertheless, soon after they filed a lawsuit against me and my business in NEW YORK in * (2 years after default, within the statue). Case then went stale for 4 years. Till recently they filed a discontinuance w/o prejudice in *, and then re-filed the same suit but with a different case# on the same day (for the original default in * - 6yrs ago) Would this new filed lawsuit be considered time-barred? Doesn’t the original lawsuit timeline end when discontinuance was filed?
Hi ****,
To clarify your situation:
*. The original lawsuit in New York was filed in *.
*. Discontinued without prejudice in *.
*. Re-filed in * for the * default.
A few key points:
- New York's statute of limitations for contract claims is generally 6 years.
- The discontinuance without prejudice allowed them to refile, but the statute of limitations could affect the refiled case.
Did the original filing toll (pause) the statute of limitations, or did they refile promptly within any extended period granted by the court?
Your case may hinge on whether the statute of limitations was tolled or extended during the original lawsuit. You may want to consult a legal professional for a detailed analysis.
Would you like information on how to contact a legal aid service in Texas or New York?
To clarify your situation:
*. The original lawsuit in New York was filed in *.
*. Discontinued without prejudice in *.
*. Re-filed in * for the * default.
A few key points:
- New York's statute of limitations for contract claims is generally 6 years.
- The discontinuance without prejudice allowed them to refile, but the statute of limitations could affect the refiled case.
Did the original filing toll (pause) the statute of limitations, or did they refile promptly within any extended period granted by the court?
Your case may hinge on whether the statute of limitations was tolled or extended during the original lawsuit. You may want to consult a legal professional for a detailed analysis.
Would you like information on how to contact a legal aid service in Texas or New York?
Im not sure
Hi ****,
In Texas, the statute of limitations for a written contract is 4 years. Here are some key points to consider:
- **New York statute of limitations**: Generally 6 years for contract claims.
- **Discontinuance without prejudice**: Allows refiling, but the statute of limitations may affect the new filing.
- **Tolling**: Check if the original filing paused the statute of limitations.
You may want to consult a lawyer who can review the specific details of your case and provide tailored advice.
In Texas, the statute of limitations for a written contract is 4 years. Here are some key points to consider:
- **New York statute of limitations**: Generally 6 years for contract claims.
- **Discontinuance without prejudice**: Allows refiling, but the statute of limitations may affect the new filing.
- **Tolling**: Check if the original filing paused the statute of limitations.
You may want to consult a lawyer who can review the specific details of your case and provide tailored advice.
How can I verify if tolling was involved in the original filing?
Hi ****,
To verify if tolling was involved in the original filing, you can:
- Review the court's records and filings from the original lawsuit.
- Check any court orders or rulings that might indicate tolling.
- Consult the court clerk or a legal professional for assistance.
This will help you determine if the statute of limitations was paused.
To verify if tolling was involved in the original filing, you can:
- Review the court's records and filings from the original lawsuit.
- Check any court orders or rulings that might indicate tolling.
- Consult the court clerk or a legal professional for assistance.
This will help you determine if the statute of limitations was paused.
if im a texas resident but the MCA lender is in new yprk and they filed against me in new yprk state, which laws govern statue of limitations?
Hi ****,
In your case, since the lawsuit was filed in New York, the statute of limitations laws of New York would generally govern. Here are key points to consider:
- **New York statute of limitations**: Generally 6 years for contract claims.
- **Tolling**: Review court records to check if the statute of limitations was paused.
Do you need help with any other aspect of your case?
In your case, since the lawsuit was filed in New York, the statute of limitations laws of New York would generally govern. Here are key points to consider:
- **New York statute of limitations**: Generally 6 years for contract claims.
- **Tolling**: Review court records to check if the statute of limitations was paused.
Do you need help with any other aspect of your case?
yes, new laws have changed and shortned the statue of limitations in new york recently, would that affect my sitiation?
Hi ****,
To provide accurate information:
- The statute of limitations for contract claims in New York was recently shortened to 3 years for certain claims.
- This change could potentially affect your case.
Do you know the exact date when this new law took effect? This will help determine its impact on your situation.
To provide accurate information:
- The statute of limitations for contract claims in New York was recently shortened to 3 years for certain claims.
- This change could potentially affect your case.
Do you know the exact date when this new law took effect? This will help determine its impact on your situation.
*
Hi ****,
The recent change in New York law that shortened the statute of limitations for contract claims to 3 years took effect in *. Key points:
- **New York statute of limitations**: Now 3 years for certain contract claims.
- **Effect on your case**: If the new law applies retroactively, it could potentially impact your situation.
Would you like assistance with any other aspect of your case?
The recent change in New York law that shortened the statute of limitations for contract claims to 3 years took effect in *. Key points:
- **New York statute of limitations**: Now 3 years for certain contract claims.
- **Effect on your case**: If the new law applies retroactively, it could potentially impact your situation.
Would you like assistance with any other aspect of your case?
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