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Civil Rights violation

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R

Roscleo

Guest
First off all does anyone know the statute of limitations for filing a case based on a civil rights violation by the courts of Kansas. The judgment was in 96' This judgment was made by a violation of the Soldiers and Sailor's civil relief act. If it is not to late can we only get back to amount of money from the judgment or more? The judgment was for a child support judgment. My husband was never allowed to request a DNA test and we are now trying to get the judgment overturned. Please help, anyone.
 


S

smh33

Guest
What is Soilder/sailors act? Try reading your state laws or state of judgement paternity laws...will be under custody or uniform child custody act. Sometimes if judgement made without DNA evidence, it may cancel any options for aquiring DNA results...much depends on the original case and whether DNA testing was issue or brought up at the time....if not, it may legally be considered as a 'right waived'...if judge refused DNA, much would depend on issues,reasons....check the paternity laws, maybe some answers for you there. Good Luck....also you may try www.paternityfraud.com....have not visited in while but is grouo addressing cs problems that involve paternity issues.
 

CMSC

Senior Member
I am not 100% sure if I understand this but here are some things that may help.
When the judgement was made did your husband use the Soldier/Sailors Act as a defense for why he should not pay? This act is to be used when one can't not take on a debt, appear in court etc. because of their geographical location or financial hardship from being in the military. However, if you didn't try to prove financial hardship then, how can you prove it now? Maybe I am not quite getting the act right, but I don't see what it has to do with your husband not being allowed a DNA test.

As far as the SOL on the SSCRA all I found was this "7. Statute of Limitations
The statute of limitations against debtors in the military service is tolled, that is, it does not run, during the period of military service. Section 525 of the Act, applies to causes of action, which arise both before and during the period of military service. The provision also excludes the period of military service from any period provided by law for the redemption or real property sold for forfeited to enforce anyobligation of the debtor. "

BEWARE if you are suing a government agency the statue of limitations can be as little as 60 days!

http://www.millennium2.net/sol.htm (SOL on contracts for debt)

http://www.stuttgart.army.mil/citizen/1120/act.htm (info on SSCRA)

http://www.nolo.com/lawcenter/ency/article.cfm/objectid/0566BBF3-858F-4E25-89F7A06B61F9CEF5/catID/DCA1178C-B579-49DC-AECDFCB8A7E9A20B#313AA6A1-2D24-4DEE-A5CD15651BCB0401
(SOL info)




I did not know about this act until a few months ago and I think it is wonderful if it is allowed to be enforced. Then men and women who protect us deserve to be protected themselves.

I hope I helped even though I don't really know what is going on.:D
 

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