Legal Question in Business Law in New Mexico

Can Fraud toll statutes of Limitations?

Business dissolution while 66% partners covertly conspire to continue projects w/out including 33% & actively deny & concealed cause of action for several years, & still do. 9 years after fact, fraud is discovered in Corporate filings while researching internet DB's.Projects value 2 million, do I have case?


Asked on 10/16/00, 3:33 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Can Fraud toll statutes of Limitations?

You do indeed have a case if you fall within the statute of limitations. In NM the SOL begins to run from the date the wrong is discovered or SHOULD HAVE BEEN discovered. Can be a bit tricky, but does not sound like a big problem from your post.

Fraud on a minority partner/shareholder is always actionable in the law. If there is something substantial at stake, and the means to recover it or make it right is available, then surely a more in depth analysis is called for.

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Answered on 11/14/00, 4:40 am


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