Even if fraud has been commited,Is the out of luck statute carved on stone ?

Question

Even if fraud has been commited,

Is the out of luck statute carved on stone ?

Answer

I don't know what you mean by "out of luck statute." Perhaps the statutes of limitations (they are numerous, but only one will apply to a particular cause of action) is what you mean.

Even if that's an accurate guess as to what you mean, you'd still have to be more specific as to the type of transaction, the relationship between the parties, and the nature of the alleged fraud. For example, a fraudulent deed conveys no title and an action to quiet title would probably not be barred by the three-year statute of limitations for fraud.

Also, don't be hasty in applying the statute of frauds without attorney assistance. Many circumstances can "toll" the running of the statute; i.e., stop the running of the clock.

So -- give us the details for a better answer, or fee free to contact me directly by e-mail.

Answer

Follow Mr. Whipple's advice, as he is very knowledgeable and helpful. If the action is a continuing wrong, sch as diverting water onto your property, you may be barred from collecting damages going back beyond a certain period, but you can still prevent the wrong from occurring in the future. Or you may be barred from suing on something as a tort but can still go forward on a contract action.