Legal Question in Personal Injury in California

Someone wants to take me to small claims court but they are taking way to long and now she tried to blackmail me can i file Statute of Limitation as well as emotional stress


Asked on 9/16/12, 11:52 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

I'm not sure what you mean by "taking way too long". Different types of claims have different limitations periods. Those limits can be four years or more. There are situations where the clock stops ticking and thus prolongs the due date even further.

Do you know what limitations period applies to this woman's claims? Or is she just taking longer than you feel she should?

If the statute of limitations has expired then this woman can no longer sue you successfully. There is nothing you need to file.

You have not given us enough information to say whether you have a viable claim for emotional distress.

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Answered on 9/17/12, 10:05 am
Edward Hoffman Law Offices of Edward A. Hoffman

I didn't address your point about blackmail in my prior response.

You haven't given us any details, so I can't say whether you are actually dealing with a case of attempted blackmail. If you believe you are, you can report it to the police. You may want to talk with a lawyer first, though, especially if the information is sensitive or might cause serious problems for you.

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Answered on 9/17/12, 10:31 am


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