statue of limitations

[missmartha]

What is the name of your state (only U.S. law)? ky. opposing lawyer slandered me the executor during propate in 2006.probate is now before circuit court.complaint names opposing attorneys clienta as defendants. ? opposing attorney answered complaint and withdrew jan 07. defendents got new counsil and motion to trial set for aug 09. has the statue of limitations ever started to run on sueing the opposing attorney for slander ? can the complaint be ammended to also name the attorney as defendant and ask for additional relief?

 

[tranquility]

While you didn't give the facts behind the "slander", I bet it is almost assuredly subject to an immunity. See an attorney before adding the opposing counsel or you could be subject to suit.

 

[missmartha]

thank you for your answer.the law does give immunity unless i asked for retraction.i did ask for retraction.what about statue of limitations/ i would think they would not expire since the dispute has been continuous. what say you?

 

[latigo]

You are one and the same as the executor that wrote in here on 06/14/09 asking “How to figure net estate?”

And told us that you had no need to employ an attorney to assist you in the administration of a decedent’s estate, AND YET found yourself being sued by the beneficiaries of that estate.

(Do you recall implying to me that Abe Lincoln was a fool himself for saying, “That a man that represents himself in court has a fool for a client”. Or does the shoe seem to fit better now?)
_____________________

NOW it appears that the attorney representing the beneficiaries that are suing you said something bad about you and you want to sue him. And in the same lawsuit in which you are being sued.

WELL, you can forget about the attorney that said something bad about you BECAUSE the Kentucky statute of limitations ran against you one (1) year from the date the attorney said something bad about you. *

Moreover, that statutory period of limitations DOES NOT toll just because, as you suggest, “the dispute has been continuous”.

Sax


[*] Read this:

"(1) The following actions shall be commenced within ONE (1) YEAR after the cause of action accrued:
* * *
(d) An action for libel or slander; “

Kentucky Revised Statutes Section 413.140

 

[missmartha]

i have 2 disabilitys rated by the va at 78%.I am also under 2 court injunctions forbidding me from paying an attorney retainer fee. do you think i will be able to toll the statue of limitations?I tried to pay attorney fee while under estate injunction and it got me ancontempt charge .now i am under personal injunction. after raping me for 40k my attorney booked. is it now clear to you that abe is not always right? you can't find an attorney that will sue an attorney>the few that will will not travel to a small town.i can't find an attorney.you have the job if you will take it.or any other attorney reading this thread if they will take it.so lets dispense with the find an attorney b.s. and give me the advice i need to get through this mess.

 

[latigo]

Can’t you read?!

"(1) THE FOLLOWING ACTIONS SHALL BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUED:
* * *
(D) AN ACTION FOR LIBEL OR SLANDER; “

KENTUCKY REVISED STATUTES SECTION 413.140

And there is no tolling of it. Not as long as service of process could be had upon the attorney whom you claim said something bad about you in probate court. (Which incidentally is privileged.)

Not if you were swooped off the planet by Martians would Kentucky’s one-year statute be suspended!
__________

ALSO, it seems obvious that these “2 court injunctions” were issued in the lawsuit in which you are being sued by the heirs of the estate for breach of your fiduciary responsibilities while serving as executor of that estate.

And the money the court does not want you to spend for an attorney to defend you in that lawsuit is NOT your money, BUT THE ESTATE’S MONEY!

(And it sure as hell is going to let you use the estate’s assets to hire an attorney to sue the attorney that is representing the heirs that are suing you.)

But there is no way that court or any other court can deny you the right to spend YOUR money for legal representation! It would infringe on your constitutional right to due process of law under the 14th Amendment.

And your other question in this same section about and using a “written deposition” in lieu of “interrogatories” is one further testimonial as to the truth of what Mr. Lincoln said. It is a foolish question.

There is no such thing as a “written deposition”!

Interrogatories are written. Depositions are taken orally.

There has to be something sorely awry with one’s mental faculties to think that whereas the court has denied them the right to submit discovery questions in the form of written interrogatories that they can do so by labeling the intended discovery document a “WRITTEN DEPOSITION”!

 

[missmartha]

THANKS LATIGO FOR YOUR ANSWER.CAN I SUE MY 40K ATTORNEY THAT BOOKED?FOR ALLOWING THE STATUES TO EXPIRE?i HAVE LEARNED HE IS ON THE BOARD OF THE LAWYERS INSURANCE GROUP.HE PROBABLY LET THEM EXPIRE ON PURPOSE.IF SO HOW LONG TO I HAVE TO COMMENCE ACTION?

 

[swrdmbo]

With this attitude ".i can't find an attorney.you have the job if you will take it.or any other attorney reading this thread if they will take it.so lets dispense with the find an attorney b.s. and give me the advice i need to get through this mess."

I can just see the line of folks on this board waiting to sign up to help you.

I can tell you how much help to expect....the good people on this board (and they are) that give of their time and expertise FREELY have not even bothered to tell you...

It is STATUTE of limitations, not statue. Good luck with all those legal issues. If the postings you have made so far are any indication of your abilities to pursue this without an attorney, then I say Lincoln using the word fool does not apply here....WAYYYYYYYY too much credit!!