Sol

[dla]

What is the name of your state? What is name of your state? TX

Is there a defense to the 2 year statue of limitation in personal injury. I filed in small claims court one day after the statue ran. Reason: I tried to file the day of, but the court clerk would not accept the petition claiming wrong venue. She then directed me to the right court across town and the court clerk there said they stop taking petition 15 mins. earlier. They did not close for another 20 mins or so. What do I do to proceed with this case.

 

[I AM ALWAYS LIABLE]

What is the name of your state? What is name of your state? TX

Is there a defense to the 2 year statue of limitation in personal injury. I filed in small claims court one day after the statue ran. Reason: I tried to file the day of, but the court clerk would not accept the petition claiming wrong venue. She then directed me to the right court across town and the court clerk there said they stop taking petition 15 mins. earlier. They did not close for another 20 mins or so. What do I do to proceed with this case.

My response:

There's nothing you can do. The Statute of Limitations is absolute, which is why it's called a "Limitation." At some point in time, there must be a "cut off" that allows people to move on with their lives without the threat, or fear, of litigation hanging over them. And, there is no "good faith" exception to enforcement of the limitations period; and to allow a remedy would have the effect of "tolling" the limitations period in a manner not permitted by statute.

IAAL