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How Do I Extend the Limitation Period?

Published in Legal Advice 2 mins read

The ability to extend a limitation period depends heavily on the specific legal context and jurisdiction. Generally, legal statutes set strict time limits within which you must take legal action, and these limitations are usually designed to prevent stale claims and ensure fairness.

However, there are some situations where you might be able to extend the limitation period:

Extending the Limitation Period:

  • Agreement: In some cases, parties can agree to extend the limitation period. This agreement must be in writing and signed by both parties.
  • Acknowledgement: If the person who owes you money acknowledges the debt, this can reset the limitation period. This acknowledgement must be in writing and must be clear and unequivocal.
  • Legal Proceedings: Starting legal proceedings, such as filing a lawsuit, can also extend the limitation period. This is because the legal process is considered to be a "fresh start" for the limitation period.
  • Disability: In some cases, the limitation period may be extended if the person who has the right to sue is disabled. This is because they may be unable to pursue their claim within the normal time limit.
  • Fraud or Concealment: If the person who owes you money has concealed the debt or committed fraud, the limitation period may be extended. This is because it is unfair to allow the person to benefit from their own wrongdoing.

Examples:

  • Debt Collection: If you have a debt that is about to become time-barred, you may be able to extend the limitation period by sending a letter of demand to the debtor. This letter should acknowledge the debt and request payment.
  • Personal Injury: If you have been injured in an accident, you may be able to extend the limitation period if you were unable to pursue your claim due to your injuries.

It is important to note that the rules for extending the limitation period can be complex. If you are considering extending the limitation period, it is important to seek legal advice from a qualified professional.

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