How to File Statute of Limitations in Kentucky
Every State has a Statute of Limitations. The statute sets forth time frames for filing certain types of claims can be done. The time frame varies from a year to as long as ten years or beyond. If a claim is not filed within the statute's time frame, the claim cannot be adjudicated in court. Plaintiffs must file their claims within the applicable time frame; defendants may defend a claim by asserting that the claim was not filed within the applicable time frame.
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Instructions
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Hire a lawyer. Legal matters are best undertaken by legal experts: attorneys. Granted: attorneys can be expensive and it may be daunting simply trying to choose a lawyer. Regardless, your best interests will be represented if you hire an attorney. The lawyer will know the statute of limitations and will be able to file your claim properly and litigate on your behalf. If this is not a viable option, or if you simply want more information, continue through the steps below.
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Determine what kind of lawsuit you are dealing with. Whether you are the plaintiff or the defendant in a case, you must determine what kind of lawsuit you are dealing with. The type of claim will determine which time limit applies under Kentucky's Statute of Limitations. For example, if you are suing someone because you paid them to paint your house and he or she did not paint your house, then you are essentially arguing a contracts claim. Or, if you are suing someone because he or she hit you, then you are essentially suing on a torts claim.
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Look up the Statute of Limitations applicable to your claim. Your local court should have a copy of the statute on hand; the court clerk may even be able to answer your question. Regardless, the common limits are as follows: torts claims must be brought one year after discovery of the harm unless five years has past; contracts claims must be brought within five years; fraud cases must be brought within ten years.
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Check your calendar and determine if the claim falls within the applicable time period. Assume you are suing for a contracts claim. The contract was breached on January 1, 2005. You would have until January 1, 2010 to bring the action. If the date is not past January 1, 2010, then you may file your claim and it will not be barred by the statute of limitations.
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Draft your complaint and file it with the court before the statute of limitations runs out. If you are a defendant and the statute of limitations has run out, draft your answer to include the defense that the statute of limitations has expired and the claim should be dismissed.
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