QUESTION

What is the statute of limitation for filing lawsuit?

Asked on Feb 16th, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
In 2002, my lease was unjustly terminated and my HUD section 8 certifications was taken from me only because a manager felt I disrespected her by taking food and droppings to her office to prove a rat was in the bed with one of my children. I was not provided my rights to present my side of the situation and evicted the next month.
Report Abuse

6 ANSWERS

Too much time has probably passed for you to make a claim. But, your minor children might be able to bring the claim.
Answered on Feb 21st, 2013 at 7:07 PM

Report Abuse
The statute of limitations for any lawsuit depends upon the type of case you have. Some cases are limited to 2 years, others are limited to 6. Adverse possession is actually a type of statute of limitations that expires after 10 years. Which ever one applies depends upon your claim circumstances. There is sometimes the possibility of tolling your applicable statute of limitation by use of the so-called "discovery" rule - the time will not start to run until you discover, or reasonably should have discovered your claim. In your case, it would probably be treated as a contractual claim based on a written agreement and the breach thereof. In Washington, that would be subject to a 6 year statute of limitation. Your claim would have expired in 2008. It does not appear that the discovery rule would be applicable to you either since you knew, or should have known you had a claim around the time that breach occurred.
Answered on Feb 20th, 2013 at 11:40 PM

Report Abuse
Business Law Attorney serving Mount Pleasant, MI at Office of Michael Hyde PLLC
Update Your Profile
Michigan's Statute of Limitations in Civil matters are listed below. Injury to Person 2 yrs. 600.5805(2) Libel/Slander 1 yr. 600.5805(7) Fraud 6 yrs. 600.5813 Injury to Personal Property 3 yrs. 600.5805(8) Professional Malpractice 2 yrs. 600.5805(4) Trespass 6 yrs. 600.5813 Collection of Rents 6 yrs. 600.5813 Contracts Written: 6 yrs. 600.5807(8); Oral: 6 yrs. 600.5807(8) Collection of Debt on Account 6 yrs. 600.5813 I assume you had a signed written rental agreement with the landlord. The longest statute of limitations is 6 years under a written contract. By that measure you are passed the time period when you can bring an action in court to protest your eviction. If this eviction record is affecting your present ability to obtain assistance under Section 8, then you may appeal a denial of assistance and request that the earlier eviction not be considered at this time.
Answered on Feb 20th, 2013 at 11:09 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
I suspect a 2002 incident is too old to bring a claim on.
Answered on Feb 20th, 2013 at 10:57 PM

Report Abuse
Kevin J. Connolly
It's much less than ten years. Your children's claims, if any, might be good because until they are 18, the clock is stopped on the statute of limitations.
Answered on Feb 20th, 2013 at 10:57 PM

Report Abuse
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
Update Your Profile
You need to contact your local Legal Aid office or another attorney to see what can be done. Once you lose your section 8 voucher it is hard to get back. You must act quickly.
Answered on Feb 20th, 2013 at 10:55 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters