How To Restore The Statute Of Limitations

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How To Restore The Statute Of Limitations
How To Restore The Statute Of Limitations

Video: How To Restore The Statute Of Limitations

Video: How to "Toll" the Statute of Limitations by Attorney Steve® 2022, December
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The limitation period is the period of time established by law to protect the violated right in court. According to the general rule of Article 196 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), the limitation period is 3 years. For certain types of requirements, it can be less or more. If you skip this deadline, you can restore it.

How to restore the statute of limitations
How to restore the statute of limitations

Instructions

Step 1

Regardless of whether the statute of limitations has expired or not, go to court. You still have the right to appeal to justice no matter what. Moreover, if the defendant or you yourself do not declare that you have missed the deadline for protecting your rights, the court will consider the case as usual. On his own initiative, he is not entitled to apply the consequences of missing the limitation period.

Step 2

Find a good reason to justify the need to restore the statute of limitations. It can be your helpless state or a serious illness, illiteracy or some kind of force majeure. The legislation does not contain an exhaustive list of such circumstances, therefore any reason can be considered as valid. The main thing is that it is associated with your personality and took place within the last six months of the statute of limitations.

Step 3

If such a reason is found, prepare an application to the court to restore the statute of limitations. Make it up according to the standard form. In the "heading" - the name of the court to which the application is sent, the names of the parties and the case number. Below the “caps” in the middle of the sheet, write “Application for the restoration of the limitation period”. In the main text, state the reasons why you were not able to go to court with a claim within the prescribed time, and ask the court to restore the statute of limitations. Refer to article 205 of the Civil Code of the Russian Federation. Sign the application, put the current date.

Step 4

Do not rush to present a prepared statement. Do this only if the defendant says the statute of limitations has expired. The calculation here is simple: the court may not satisfy your request for the restoration of the time limit, and, as already mentioned above, without a corresponding statement by the parties, the case will be considered in the usual manner, and the decision will be made on the merits.

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