Legal Question in Family Law in Arizona
is there a statue of limitation after a default decree has been ruled void in 2004 can it be redone or reopened?
2 Answers from Attorneys
The clock for the statute of limitations starts ticking when the event occurs which gives you a right to sue for some wrongdoing.... for a contract, the statute starts running when you breach it... for an injury caused during a car accident, the statute starts run from the date of the accident... the existence of the default decree indicates that someone sued someone for something... if the default decree was voided out, the Defendant had an opportunity to answer and defend because the lawsuit had been filed... the statute of limitation does not have any effect on things in your question... there are other statutes though... namely that the action has to be prosecuted in a timely fashion and this case does not seem to have been prosecuted... perhaps it was dismissed for want of prosecution.... that is governed by different rules.
I would need to know more. If a Decree was never entered, then the case needs to be started over. If a Decree was entered, then declared void, the case needs to be started over.
We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004
(602)254-7251
Fax (602)254-1229
www.familylawaz.com