@guiness56 wrote:
I read the Texas code. And it clearly states that the SOL is tolled.
Here's the TX SoL as it is written in the actual codes:
§ 16.004. FOUR-YEAR LIMITATIONS PERIOD. (a) A person
must bring suit on the following actions not later than four years
after the day the cause of action accrues:
(1) specific performance of a contract for the
conveyance of real property;
(2) penalty or damages on the penal clause of a bond to
convey real property;
(3) debt;(4) fraud; or
(5) breach of fiduciary duty.
(b) A person must bring suit on the bond of an executor,
administrator, or guardian not later than four years after the day
of the death, resignation, removal, or discharge of the executor,
administrator, or guardian.
(c) A person must bring suit against his partner for a
settlement of partnership accounts, and must bring an action on an
open or stated account, or on a mutual and current account
concerning the trade of merchandise between merchants or their
agents or factors, not later than four years after the day that the
cause of action accrues. For purposes of this subsection, the cause
of action accrues on the day that the dealings in which the parties
were interested together cease.
No where in this section does it mention tolling in regards to debt.
Here's the TX SoL in regards to filing suit for injurious acts (rape, injury, etc):
§ 16.0045. FIVE-YEAR LIMITATIONS PERIOD. (a) A person
must bring suit for personal injury not later than five years after
the day the cause of action accrues if the injury arises as a result
of conduct that violates:
(1) Section 22.011, Penal Code (sexual assault);
(2) Section 22.021, Penal Code (aggravated sexual
assault); or
(3) Section 21.02, Penal Code (continuous sexual abuse
of young child or children).
(b) In an action for injury resulting in death arising as a
result of conduct described by Subsection (a), the cause of action
accrues on the death of the injured person.
(c) The limitations period under this section is tolled for
a suit on the filing of a petition by any person in an appropriate
court alleging that the identity of the defendant in the suit is
unknown and designating the unknown defendant as "John or Jane
Doe." The person filing the petition shall proceed with due
diligence to discover the identity of the defendant and amend the
petition by substituting the real name of the defendant for "John or
Jane Doe" not later than the 30th day after the date that the
defendant is identified to the plaintiff. The limitations period
begins running again on the date that the petition is amended.However, as state in the section title, it's not for debts, just injurious acts.
Do you see what I mean?
Message Edited by Wonderin on
07-27-2008 12:54 PM