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uly 2005
Groups: legal forms, Legal Issues, misc.legal, alt.lawyers, us.legal,
misc.legal.moderated
My life is totally ruined by a contract that got broken 12 years ago.
Can I overcome the statue of limitations problems?
Do not email me answers, post your replies so others can discuss them.
Many Questions for tolling the statue of limitations in Contract
Breaking Case
I am confused but hopeful some way make be possible to stop the statue
of limitations or toll it on my case that has otherwise expired. How
do I resuscitate my case? Obviously I am trying to find a lawyer etc.
but I want to be as prepared as possible with the below.
My life is totally ruined and I have not worked since and have no
energy and cannot pay attention to anything.
MANY QUESTIONS FOLLOW. If you can answer any of them sort of then you
are a hero.
What is exact definition of "toll?"
Can incapacitation due to psychological trauma (though not insanity)
certification letters by psychiatrists and psychologists stop (toll?)
of the statue of limitations clock on tort and contract breaking during
since 12 years ago time periods? If not or if so how can they be
changed or strengthen in this pursuit? Is it possible to get a summary
judgment on this issue alone?
Is the "Continuous Treatment" Doctrine or Principle applicable to
my case? It says while a doctor is treating somebody under certain
rules that the Statue of Limitations is tolled.
What are all the Tolling Statues involved and could I get a Tolling
Agreement or is it legally possible (not necessarily politically
possible) for defendant to Waive Statue of Limitations Arguments?
Can I get a summary judgment tolling the statue of limitations?
I heard that (maybe) courts can void the statue of limitations issue
in cases of unconscionable behavior as I was treated.
Would an Assistant D.A. or officer of the State Supreme Court be able
to issue a ruling or give information about the statue of limitations?
What other strategies are there?
Important Question: Does their breach continue to this day so maybe I
can file a Lawsuit. The State Statue of Limitations is six years in
contract fraud. So can I still sue as of now as an explicit wrong
since I am presumably not allowed to talk to or interact with the same
people and they continue to ignore me?
Can't the statue of limitations be ignored by judges on grounds of
their behavior as being unconscionable (See West's Contracts in a
Nutshell 5'th Ed.)?
Statue of Limitations Question that applies in my case. If crime was
committed 12 years ago and statue of limitations is 6 years. Say New
Evidence was published in a book 10 years ago. And I did not read or
know of this New Evidence until 5 years ago. Can I still file based on
my new knowledge of only five years ago. Note that if I had read book
when it first came out (and I did not) then I would be statutorily
banned from filing; Is this ture? But can I now? Answer Yes or No.
Also can the intent of statue of limitation may be used instead of
statue of limitations?
Web clipping: "The doctrine is based not upon a construction of the
statute but rather upon the principle of equitable estoppel. Corbert v.
Waitt, Ind. App. 445 N.E. 2d 100 (1982). The theory is premised on the
notion that the one who has prevented the plaintiff from bringing suit
within the statutory period should be estopped from asserting the
statute of limitations as a defense." SEE BELOW MAJOR SECTION WILL
WEB CLIPPING.
In some states Statue of Limitations Stuff Works "like" this
sometimes: What are the general names or principles involved?
Can I borrowing a longer statue of limitations in another state?
Date if harm if cause if action: Does this date occur when the wrong
is committed or can it be move forward into the future to the point
when material new evidence was learned? If the first, I'm screwed
totally if the later, I have a chance?
What is an Affirmative Defense? Is it possible that even if it has
expired the defendant will not plead it as a defense and that the suit
can go forward? Can somebody explain this?
Is a statue of limitations tolled for fraud if the cause of action was
concealed? What are all the key words and issues? What is a "cause
of action?" Is this the crime or some of the evidence too involved
and needed by me the plaintiff?
Tolling for mental illness: What are the names called here? Does this
work if severe posttraumatic stress disorder, anxiety, depression,
inability to concentrate, uncontrollable anger and rage especially if
all these were caused by the crime?
Tolling for non-residence: If I left the state where the wrong was
committed to run away than can I still sue?
What does the term "Relation Back" mean? Somehow this allows cases
where statue has expired based on Statue of Repose? How does this
work?
Can statue of limitations be tolled if cannot sue before because of
fear of retaliation and power of the famous people involved? I have
always felt under considerable and total implicit duress by them if I
ever tried for justice?
What have I forgotten that might work?
APPENDIX: THESE CASES BELOW ARE NOT FROM MY STATE BUT THE GENERAL
ISSUES MIGHT APPLY IN A DIFFERENT FORM
THE REST IS A BUNCH OF LONG CASES WITH KEY WORDS AND STUFF THAT I
CANNOT FIGURE OUT THAT MAY HAVE IDEAS BOTH GOOD AND BAD FOR ME AND I
HOPE SOMEBODY CAN PICK THEM OUT.
VARIOUS CASES INVOLVING STATUE OF LIMITATIONS I RANDOMLY PULLED OFF
INTERNET. AND I HIGHLIGHTED IN RED SOME IMPORTANT PARAGRAPHS. SOME OF
THESE CASES ARE HELPFUL AND SOME ARE HURTFUL TO ME.
SOME CASE WHERE STATUE OF LIMITATIONS WAS WAIVED:
No. 75,665
DEANNA ROBINSON, Appellant, v. NASREEN B. SHAH, M.D., Appellee.
SYLLABUS BY THE COURT
1. In Kansas, where a person has a cause of action against another and
is misled by the fraud and misrepresentation of such other person to
the extent that the injured party permits the statute of limitations to
bar his or her action, such injured party may sue the perpetrator for
fraud and deceit, not on account of the original negligence but on
account of the subsequent fraud and misrepresentation which deceived
the injured party with the consequence that the time bar ran against
the original action.
2. Fraud is discussed and defined.
3. Fraudulent actions by a physician taken in order to deceive the
patient from discovering the physician's malpractice is not
malpractice; it is fraud and should be treated as such.
4. Where a patient has a cause of action against a physician for
negligence or malpractice and is deceived by the intentional and
knowing lies and fraud of the physician to the extent that the patient,
in reliance on the fraudulent concealment by the physician, does not
bring an action for malpractice within the period of the applicable
statute of limitations, the patient may maintain an action for fraud
against the physician, not on account of the original negligence or
malpractice, but on account of the fraud of the physician which
deceived the patient with the consequence that the time bar ran against
the original action.
5. The statute of limitations in an action for relief on the ground of
fraud does not start to run until the plaintiff discovers the fraud or
until the plaintiff learns such facts as would lead a reasonabl
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In article <ritid1h86cbracfv9nid8rh10grulj95qv@4ax.com>,
mylifeistotallyruined@hotmail.com wrote:
My life is totally ruined by a contract that got broken 12 years ago.
Can I overcome the statue of limitations problems?
That isn't possible. There is no way a contract can ruin your
life. Even if you got stuck with a lot of bad bills or
unsold merchandise in a business deal, you could have filed
bankruptcy and been out of it in 7 years.
I think you are looking for the wrong kind of professional.
Step back and look at what you did, and ask yourself honestly
if a normal well-adjusted person would post thousands of lines
of what is little more than jibberish to a newsgroup? I think
we both know what the answer is, and we both know that you need
some kind of treatment. Please seek it out. That is what will
get your life back on track, focusing on a 12 year old dead
horse will not get anything back on track.
-john-
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John A. Weeks III 952-432-2708 john@johnweeks.com
Newave Communications http://www.johnweeks.com
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