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Legal Quarrel

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LEGAL QUARREL? DON’T REST ON YOUR LAURELS!

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Kate Warren Senior Associate

Mobile: 027 384 3054 Email: kate.warren@tp.co.nz Rolleston & Darfield: 03 317 9099 Christchurch: 03 374 9999 Ashburton: 03 308 4188

New Darfield office open: Mon & Thurs, 9 - 5pm or by appointment

DARFIELD  ASHBURTON  ROLLESTON  CHRISTCHURCH

Conveyancing, Refinancing, Leasing & Property Transac ons,

Land Acquisi ons, Boundary Adjustment & Subdivision, Insurance Law, Occupa on Right Agreements, Estate & Succession

Planning, including Enduring Powers of A orney, Trusts & Wills. If you believe that you have a legal claim, New Zealand law requires that you actively take steps to pursue it within a defined period of time. If you fail to do so, the claim cannot proceed. This is known as the limitation period. In a debt recovery/money claims context, a person usually only has a period of six years to recover the debt before the limitation periods prohibit them from doing so. Section 11 of the Limitation Act 2010 records that it is a defence to a claim for money, if the defendant can prove that the date on which the claim is filed is at least six years after the date of the act or omission, on which the claim is based. The law requires claimants to make people from making old claims claims for monetary or other against others, and if creditors fail to bring their claim within relief without undue delay by providing defendants with the prescribed timeframe, they defences to stale claims. risk being unable to bring a The six year timeframe claim altogether. commences on the date the debt Get in contact with us early to is owed to the creditor, or the discuss your claim or the claim date the debtor last makes part that has been brought against payment of the debt. If the you. We can assess the limitation creditor fails to actively pursue period together with any other the debt within the limitation causes of action, or defences, period, they will be precluded depending on what side of the from doing so at a later date. claim you are on. We have experts in this area of the law The limitation period may be extended in certain ready to take away some of the circumstances, such as by a ‘late stress and assist you. knowledge date’. For monetary claims, the late knowledge See advertisement in this extension is three years, with issue for contact details. a fifteen year long-stop. The purpose of the limitation Kate Warren, period is to promote the prompt Senior Associate, application of justice. It prevents Tavendale and Partners.

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