Legal Question in Real Estate Law in New Jersey

After living at my house for 5 years I swapped out 2 100 lb propane cooking tanks in 2002. I had no contract of anykind or contact of anykind with this company for 5 years before and for 8 years since. Nothing, not a call, no junk mail no visits offering to check or fill the tanks again but nothing. In July 2010 they sent me a bill trying to get $53 for tank rental. I say 8 years they're abandoned and mine. No contract ever and they took 2 tanks when they came on 2002. I have the recipt.

Do they have any claim on these tanks after so long?

I live in New Jersey, Morris county

Thanks

Brendan C.


Asked on 8/02/10, 4:48 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

The limitations period for the sale of goods is 4 years and for other contracts, 6 years. A limitations period is an affirmative defense which means that you have to assert it. Based on that, it seems to me that this debt is uncollectable even if it ever was legitimate. Tell them that it is too old to pay. /p/ See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 8/07/10, 6:26 pm


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