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Civil Lawsuit

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BL

Senior Member
What is the name of your state? NY

When does the 6 yr. statues of limitations start from ?

Date of Loss , or date of last legal Documented activity on the amount asking for ?

Where can i find the law to print backing this up, if dt. from last activity ?

I also presume any original Contract stands Judicial Notice over All else ?

And any thoughts of awarding " Equity " instead of " Fallowing the Law ", as far as Judgment awards ?
 


JETX

Senior Member
"When does the 6 yr. statues of limitations start from ?"
*** Depends. Are you talking about a SOL for a crime, or a debt, or a judgment, or a???

"Date of Loss , or date of last legal Documented activity on the amount asking for ?"
*** see above.

"Where can i find the law to print backing this up, if dt. from last activity ?"
*** See above.

"I also presume any original Contract stands Judicial Notice over All else ?"
*** Please clarify.

"And any thoughts of awarding " Equity " instead of " Fallowing the Law ", as far as Judgment awards ?"
*** Fallow as in to let a field go dormant for a harvest season??? Also, need more details.
 

BL

Senior Member
I have posted before of this matter in wills and estate w/ no replies , I may have posted elsewhere or another forum .

See: https://forum.freeadvice.com/showthread.php?threadid=154140

This has to do with Expense payments from the sale of estate, whereas I claim a Mortgage was fraudulently made , against explicit
agreements of the original DEED of Warranty to covey, in that the individual was to pay for the sale and transfer of same $3,000,00 Etc. The day after the agreement was signed he took out a Mortgage w/ his Co. and the Co. pd. the sum.
Now I am suing the Co & individual for this money claiming they were unjustly Enriched by our Estate. By the way the DEED this was based on was Vacated 3 yrs later in all respects.


I have filed small claims action naming the Co. & individual .

This expense was pd. in 1996 The Certificate of Discharge of Mortgage was dated Dec 1998.
 
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JETX

Senior Member
With all due respect, it certainly appears that this matter is fairly complex and you have offered only the bare minimum of information, clearly not sufficient to provide any accurate advice.

And it is very likely that the specifics are simply too complex for a forum response. It will require review of extensive documents, previous actions, the will, etc.

I strongly suggest that you consider taking this to a local attorney who can review the information and best advise on what your options may be.
 

BL

Senior Member
Ironically from just about day one ,The initial "Lawyer", now both Lawyer and Judge ,he claims , that drew up the contract , has been involved in most of the paperwork, including paying expenses from the sale , except for getting the DEED vacated ( a legal aid society handled that ). Ironically also, the " lawyer " was best Friends w/ this individuals brother ,at least back when.

The more I look over the documents the more things appear to look like things weren't done right.( my deceased sis was executor and really didn't know or want to know much ).

Ironically when I confronted him , he admitts since he drew up the contract, and it was his responsibility to protect the Estate's interest, it comes down to his responsibility , legal aids maybe for not addressing the issue when Deed was vacated , but since he pd. them and they received the money , I should go after them .

He stated if need be he would pay it back a little at a time . Yeh !!

Between me requesting documents from county clerks, and getting some from him, this is what WE/I , have decided to do at this point.

He said he did use the dt. from last activity for a suit.

I was looking into other's opinions .
 
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