what the statues of limitation on fraud in a estate tranaction in california?
100794
The general rule is 3 years from the date of discovery of the purported fraud.
372354
The statute of limitations for each state is readilly available on the internet with a simple search.\n\nAttory Generals are not in the business of giving individuals legal advice.\n\nSo what is your problem here?  If the \nSOL has run out, you need to go back to court and get the judgement appealed and overturned.  Until that time the creditor can continue to garnish your wages.
1018561
Check with the local legal aid agency in your area I know there are limits on things that you have sold or given away for the past 1-3 years... Legal Aid helped my brother in a similar situation .
722916
depends on which state you live in, the statute of limitations in california on loan payments is 7 years i think, just find out if the statute of limitations passed allready where you live and if it didnt, pay thee 16 bucks and sue his ass. I hope the IOU has his signature on it.
679145
Is he beleiving someone or something was not the way it was listed ?  Perhaps something was hidden?\n\nThis would follow the criminal statues of fruad,  I beleve the statue of limitation is 7 years, but I could not find it for sure.
254998
google it..type in IRS..\nand look up estate tax. ...there is an upper limit you may not, but that may depend on some details or your person income and if the estate is a trust and you relationship to the decease...\ncheck for your state also..you will find that on google also.
707004
Well It would help if I knew what state you were in; however, I may be able to help anyway because I took Real Estate Law a couple of semesters ago.  \n\nFirst of all I think title exams go back further than 50 or 60 years.  I think they go back as far as the title has been recorded. Regarless, if the title was obtained fraudulently at anytime that causes an issue.   Legally if the deed was ever obtained fraudulently or if there is some other flaw in the deed then some unknown person may have a legal claim to the property if they ever find out they have a claim and may be intitled to quite title lawsuit.  The other problem that could occur is if the real estate is ever sold and title insurance is purchased and the fraud is discovered then the current owner may loose his claim to the property or the flaw in the title will have to be resolved before it can be sold.\n\nAccording to my real estate law book a quitclaim deed purports to convey only the grantor's present interest in the real estate, if the grantor has any interest, rather than the real estate itself.  Since such a deed purports to convey only whatever interest the grantor has at the time, its use does not mean or imply the grantor has a good title, or any title at all.  This form of deed does not impose any future obligations on the grantor.  If the grantor has an interest, it is conveyed by the quit claim deed.  If the grantor has no interest none will be conveyed.  If the grantor aquires an interest after executing the deed, the interest will be retained as the grantor's property.  \n\nQuitclaim deeds are used when the grantor knows that the title held has a flaw, such as where another may have an interest in the real estate, or where the interest of the grantor is doubtful, but a deed is need to clear that interest.  They are commonly used when parties have aquired title through foreclosure or some other involuntary means.\n\nThe point of the quitclaim deed is to release the grantor from the covenants and warranties included in other types of deeds becuase he knows there is a flaw in the title.  This knowledge alone would make me wonder why he is choosing this method of transfer if he allegedly know nothing of the flaw.\n\nI don't know if this helps or not but I hope it does! :)
662204
It varies from state to state but it varies from 6 months to 4 years...I'll try to obtain the CA requirement and update the answer for you. Also, the date of the statute starts when the problem is discovered, not when the procedure took place...very important!\n\n*****UPDATE!!!\n\nHere ya go!!\n\nA medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury. Cal. Civ. Proc. Code § 340.5 (West 1992). For retained foreign body cases, the statute is tolled until the claimant discovers or should have discovered the injury. Ashworth v. Memorial Hosp. of Long Beach, 206 Cal. App. 3d 1046, 254 Cal. Rptr. 104 (1988), rehearing denied, March 23, 1989.\n\nActions by or on behalf of minors must be brought within three years from the date of the negligent act, unless the child is under the age of six, in which case the action must be commenced within three years or prior to the child's eighth birthday, whichever provides the longer time period. Id. It is notable that the statutory period begins to run for adults at the time of discovery but for minors at the time of the negligent act. Although the California Supreme Court has yet to address this anomaly, other courts have begun to read a discovery rule into the provision for minors, on the theory that not to do so would deny minors the equal protection of the law. Photias v. Doerfler, 45 Cal. App. 4th 1014, 53 Cal. Rptr. 2d 202 (1996); Katz v. Children's Hospital of Orange County, 28 F.3d 1520 (9th Cir. 1994).\n\nIf a claimant is insane, a guardian can be appointed to permit the claim to be brought within the required time limit. Cal. Civ. Proc. Code § 372 (West Supp. 1998).
661533
You can show her FEDERAL LAW against fraud 18 USCS § 1001  which provides with prison term up to 5 years and fines. Do you really want to risk that?\n\nFull text:\nSec. 1001. Statements or entries generally\n\n    (a) Except as otherwise provided in this section, whoever, in any \nmatter within the jurisdiction of the executive, legislative, or \njudicial branch of the Government of the United States, knowingly and \nwillfully--\n        (1) falsifies, conceals, or covers up by any trick, scheme, or \n    device a material fact;\n        (2) makes any materially false, fictitious, or fraudulent \n    statement or representation; or\n        (3) makes or uses any false writing or document knowing the same \n    to contain any materially false, fictitious, or fraudulent statement \n    or entry;\n\nshall be fined under this title or imprisoned not more than 5 years, or \nboth.
866440
Lawyer here and a NY lawyer--\n\nYou haven't given enough information and the way your question is phrased I'm not sure what you are asking...there is no statute of limitations applicable to debt collectors, only as to debts.  Now if you are talking about oral, written contracts, promissory notes or open accounts (and that would include a credit card revolving charge account) the statute of limitations applicable to a suit to collect the debt is six years.  \n\nThe NY statute of limitations starts to run on a credit card account from the time the debtor becomes delinquent.\n\nThe statute of limitations does not prevent the filing of suit--you can still be sued, but you raise the statute as a defense.\n\nYou mention fraud, without giving any details, so I can't say what fraud you are talking about or whether it is fraud.  However, if you were defrauded, that too would be raised as a defense to any suit against you and can also be raised as your own claim against your alleged defrauder--assuming the statute of limitations on fraud has not expired.\n\nFinally, if you are talking about debt collectors, the statute of limitations will not bar them from trying to collect the debt.  In fact, if you say the wrong thing to them, you can revive the debt and start the statute of limitations clock running again.  So my first advice is don't even talk to them--when you do they try to get to you make statements that go against your interest and they record them in their business records which are admissible as evidence in a suit against you.  \n\nThe creditor or collection agency may theoretically continue with letters and telephone calls forever (although third-party collectors are subject to the "cease and desist" provision of the Fair Debt Collection Practices Act.)\n\nBelow are a couple of links which might help you if your problem is credit card debt:
1082972
your best bet is to contact a lawyer for a free consiltation. \ndepending on where you live, there might be a staute of limitation and you won't be able to collect at all. A lawyer would know best
886276
You need to look for STATUTE of limitations, rather than statue.  That will help.  \n\nFor robbery, fraud, etc., the general limitation is 7 years, but it might vary depending on state or whether it is federal.  \n\nThe series of books you need is called the Howdunit Series from Writers Digest Books.  I believe the specific volume that would help you is called "Crime and Punishment."  \n\nThere's also a book called "The Crime Reference Book" that is helpful.  \n\nI personally like "Wounds & Injuries".  I like to know where I can hurt my hero without killing him.
636091
That is an interesting one. I worked for a mortgage company in the property tax dept. in Cali for several years. I know California is the most difficult state to purchase tax siezed properties because there are many rules and regulations. Firstly, the property must be defaulted for 5 years before you can even buy the deed. But given the owner is in jail, there may be some clause that allows it to be held for a given amount of time. This may be a very difficult investment that may cause more time and money than it is worth. If you are not experienced, you may want to look into another investment.
1108566
call your local superior court and speak with thier Small Claims Advisor.  in a small claims case lawyers are not admissible in court and you will be on a level playing field with your defendant.  however there are limitations as to the ammount you can claim in small claims ct.  so,  pick up the small claims papers at your court, fill them out and have your SC advisor help you with anything you may not understand.  if you happen to live in Ca heres a good link to start off with for some general info.  good luck!\nhttp://www.courtinfo.ca.gov/selfhelp/smallclaims/
251049
statute of limitations
205771
Yes. Talk to a probate lawyer right now!
427895
Cal. Code of Civ. Proc. 340.5.  In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.  In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following:  (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person.  Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under the full age of six years shall be commenced within three years or prior to his eighth birthday whichever provides a longer period.  Such time limitation shall be tolled for minors for any period during which parent or guardian and defendant's insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor for professional negligence.\n----\n\nThat's the statute. However, as to reserving the right to file, the unanswered question is why do you think you may lose your right? Since you present no facts on the issue, I can't comment further.