Small Claims Issue

This is a discussion on Small Claims Issue within the Real Estate and Property Law Questions forums, part of the Legal Questions & Answers Forum category; Hi~ I asked a question about small claims about a month ago ( http://legalhelp.org/real-estate-pro...all-claim.html ) Well, we responded to the papers by saying what the lawyer suggested that the matter ...

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    Small Claims Issue

    Hi~ I asked a question about small claims about a month ago (Served with papers for Small Claim) Well, we responded to the papers by saying what the lawyer suggested that the matter was "too remote in time" (In 2001, my husband left an apartment and they are claiming that he stayed past his lease agreement for a week or so and that he owes for an extra month's rent ..per the rental agreement. They have also tacked on about $2000 in costs.) We just received a court date in the mail! We are in Alabama and I thought there was some sort of statute of limitations on small claims like this. The original paperwork was filed in 2002 and apparently they never located my husband to have him served. So is not being able to find someone (although they could have found him if they looked hard enough IMO) an excuse to lengthen the statute of limitations (if there is one)? I mean, I am nervous as anything that we will go all the way down there to court (2 hours away)...plead our case and the judge will make us pay for something that happened (allegedly) almost 12 years ago. I guess my main questions are: Does anyone know if there is a statute of limitations on rental agreements in ALabama...and can it be ignored because they say they couldn't locate someone?

    Last edited by laughinbrunette; 08-24-2012 at 11:00 PM.

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    Alabama Code - Article 2: TIME PROVISIONS

    I would say 6 years as a contract not under seal, however, I could be wrong.


 

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