Legal Question in Civil Rights Law in California

Statue of Limitation Part 2

Hello.

I asked the question below earlier:

Hello.

1. Am I able to sue someone for breach of verbal contract?

2. If so, is there a statue of limitation? The date of the occurrence is December 22, 2005.

This person is suing me for breach of contract. I signed a promissory note. However, I only signed it because this person made a verbal contract with me and has breach the verbal contract; therefore, forcing me to breach the signed promissory contract.

This is the response I received:

You can countersue. Remember you have only 30 days from the date you received a summons to respond to the lawsuit. The statute is 4 years for written contracts and 2 for verbal, but there are exceptions. Consult an attorney in person to get an informed opinion on statute of limitations issues.

Now my new question is: the other person filed the summons on 5/10/2007. Does my coutersue's statue of limitation (2 years) begin from the date the other person filed the summons on 5/10/07?

Please advise.

Thank you


Asked on 1/08/09, 11:43 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Statue of Limitation Part 2

You say the person "is suing you" and then you say they "filed a summons" in 2007. These are inconsistent facts. If you were served with a summons in 2007, and you didn't respond, then the case is over, and you lost.

Read more
Answered on 1/08/09, 1:27 pm


Related Questions & Answers

More Civil Rights Law questions and answers in California