Statue of limitations
Get Legal Help Today
Secured with SHA-256 Encryption
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
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 13 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
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.