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Question re statute of limitation

  • 26-10-2009 9:01pm
    #1
    Registered Users, Registered Users 2 Posts: 189 ✭✭


    I performed services for someone from March 2001 to February 2004 on a weekly basis. There are amounts outstanding for August 2003 to February 2004. I thought the account had been discharged long ago. I only realised in July that the amount was still due and have been trying to get paid. So far unsuccessful.

    With statute of limitations, must I have taken legal action within six years or is it sufficient for me to have tried to get paid through contacting the debtor myself to retain my right to start legal proceedings


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Clock starts from period of last part payment of the entire sum. So from whenever that was, not necessarily the conclusion of the contract. This is dealt with in some detail on this thread already, use the search. This also allows for part judgment. 6 years is as you state the period.

    Acknowledgement of the debt is enough per statute, but I'd engage a solicitor post haste. The form of contacting the debtor may not be enough unless the acknowledgement is in writing or someone can swear up to that. It might be the case that you risk being statute barred, so get moving.


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Tom has it exactly.

    Can't stress enough that you need to see a solicitor and go through this in detail - there is no doubt but that you are on the cusp to being statute barred if not already - not possible to give you a definitive answer here.
    Just to clarify - the acknowledgment has to come from the debtor to stop the clock.


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