Statue of limitations

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Statue of limitations

If a judgement was recieved and paid in full via garnishment ending May 25, 2005, can a landlord come back a second time and sue again for another judgement at the present time and what is the statue of limitations please? Thank you for your help!

Asked on May 25, 2009 under Business Law, Arizona

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The landlord can't sue for a second judment on the same thing he got the first judgment for, even if it isn't satisfied.  He could sue again, though for something different;  if the first judgment was, for example, for unpaid rent for 2003, he could file a new suit for unpaid rent for 2005.

I'm not an Arizona lawyer, but my research suggests that the statute of limitations for breach of contract is 6 years.  There are different periods for other types of claims, mostly less than 6 years.

It's also possible, that the rest of the facts, beyond what you've given here, could show that there are other defenses you would have to the new lawsuit.  You need to go through all of the details with a qualified attorney in your area.  One place to find a lawyer is our website, http://attorneypages.com


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