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    payten's Avatar
    payten Posts: 3, Reputation: 1
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    #1

    Jun 27, 2006, 02:18 PM
    Statute of limitations
    Long story short... I have autobody bills outstanding, I have been sent all the invoices for them with the dates. The earliest date being 2 years ago and last one 4 years ago, this is the first letter sent about this issue. They tell me they will take me to court. What is the statute of limitations for a bill like this? Shouldn't they have come after me 30 days after the first bill wasn't paid.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    Jun 27, 2006, 02:21 PM
    Payten:

    Where do you live. Different states/areas of the world have different statutes of limitations.

    Some 6 months up to 7 years.

    When did you first receive your first invoice?

    Sorry to answer a question with a question, but minute details are necessary when talking about statutes of limitations.
    payten's Avatar
    payten Posts: 3, Reputation: 1
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    #3

    Jun 27, 2006, 02:28 PM
    I live in Manitoba, Canada and I received the first letter about a month or so ago
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Jun 27, 2006, 02:31 PM
    Well, I am not sure about there, some of the best on this board are from Canada and will give you better info than I could. My law offices never dealt in Canada.

    Please be patient, but the answers you get will be the best.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #5

    Jun 27, 2006, 03:14 PM
    Manitoba Law:
    Section 2(1), part (I) of The Limitations of Actions Act states that:

    (I) actions for the recovery of money (except in respect of a debt charged upon land), whether recoverable as a debt or damages or otherwise, and whether a recognizance, bond, covenant, or other specialty, or on a simple contract, express or implied, and actions for an account or not accounting, within six years after the cause of action arose;
    Web site reference: http://web2.gov.mb.ca/laws/statutes/ccsm/l150e.php

    Main webpage of online Manitoba laws: http://www.gov.mb.ca/chc/statpub/

    So, from what I just read, it looks like they have 6 years to sue. So since it has been at most 4 years, they still can sue you.
    payten's Avatar
    payten Posts: 3, Reputation: 1
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    #6

    Jun 27, 2006, 08:11 PM
    Thanks for the info... had a feeling that would happen, but very helpful, thanks again
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #7

    Jun 27, 2006, 09:10 PM
    I knew Captain Forest would come through for you. He is one of our best for Canadian info.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Jun 29, 2006, 08:38 AM
    Hello payten:

    The statute of limitations will end their ability to sue, apparently (according to the Capt) in four years, or thereabouts. However, even though they can't sue you after that time, you're ALWAYS going to owe the debt.

    Did you hire them? Did they fix your car? Are you driving it around?? Are you proud that it has no dents?

    PAY THE DUDE, DUDE!

    excon
    nana51's Avatar
    nana51 Posts: 1, Reputation: 1
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    #9

    Apr 5, 2013, 06:13 AM
    One year ago all four tires were replaced on my vehicle as all four during various times had flat tires (no fault of mine). I did have to replace a tire yesterday due to my fault --- the garage asked me if I had been billed for the four replaced tires-- which I have never been billed. I was verbally told that the tires were under warranty now they change the story and want 918.00 --- what to do?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Apr 5, 2013, 04:11 PM
    Quote Originally Posted by nana51 View Post
    ... --- what to do?
    Tell them, by letter, that you don't owe it because it was covered by the warranty and that they said as much.

    The ball will then be in their court. If they sue you, tell the judge what you have told them, and show the letter you wrote.

    If they are now trying to say that it wasn't under warranty, I think they will be hard pressed to make a case if they first let you drive away with the new tires.

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