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being sued here...2 years later

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L

Loni

Guest
Here's our dilemma. We are now being sued for supposed water damages that were present in a camper that we sold approx. 2 years ago. There are several major problems with their case against us:
1) I have information that would indicate, but not prove that she is 1 week too late in filing (if the statute is 2 years). what is statute of limitations in Delaware?
We had a hearing and decision is yet undecided as judge is checking on statute of limitations. he has asked them to bring their loan papers to prove the date signed. Problem is, they signed a contract (to hold it) and paid 2 weeks later. A contract date is crucial in determining if statute is expired.
2) They have estimates to repair apparent damages but were dated 1 year 8 months after the sale. We think they incurred those damages.
3) The camper sat permanently on a lot for 8-9 years, then buyers pulled it off and relocated it. Then, they claimed that they didn't have time to check it out for over 1 1/2 years later. We think if they developed a leak, it would have been while in transit, then left unattended-it created damage to the walls. Now they are blaming us! I know she is lying! But how do we prove such a thing?? Please help.
 


I AM ALWAYS LIABLE

Senior Member
Loni said:
Here's our dilemma. We are now being sued for supposed water damages that were present in a camper that we sold approx. 2 years ago. There are several major problems with their case against us:
1) I have information that would indicate, but not prove that she is 1 week too late in filing (if the statute is 2 years). what is statute of limitations in Delaware?
We had a hearing and decision is yet undecided as judge is checking on statute of limitations. he has asked them to bring their loan papers to prove the date signed. Problem is, they signed a contract (to hold it) and paid 2 weeks later. A contract date is crucial in determining if statute is expired.
2) They have estimates to repair apparent damages but were dated 1 year 8 months after the sale. We think they incurred those damages.
3) The camper sat permanently on a lot for 8-9 years, then buyers pulled it off and relocated it. Then, they claimed that they didn't have time to check it out for over 1 1/2 years later. We think if they developed a leak, it would have been while in transit, then left unattended-it created damage to the walls. Now they are blaming us! I know she is lying! But how do we prove such a thing?? Please help.
My response:

Delaware Statutes
Title 10, § 8107. Actions subject to 2-year limitation.

No action to recover damages for . . . injury to personal property shall be brought after the expiration of 2 years from the accruing of the cause of such action.

(10 Del. C. 1953, § 8106A; 52 Del. Laws, c. 339, § 1.)

Good luck to you.

IAAL
 

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