The statute of limitations on misrepresentation

Written by dave lawrence
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The statute of limitations on misrepresentation
The statute of limitations can stop a lawsuit. (gavel image by Cora Reed from Fotolia.com)

The statute of limitations places a maximum time limit on filing a lawsuit. The statute of limitations on misrepresentation varies by state. The applicable statute of limitations also depends on whether it is a civil or criminal misrepresentation.

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Civil

A civil suit may be based on negligent misrepresentation. The statute of limitations on a negligence suit can be as short as one to two years, depending on the state.

Criminal

Misrepresentation can be a criminal matter. Making a misrepresentation to a government agency concerning a criminal matter under investigation, for example, is a class C felony in Connecticut. The statute of limitations is five years.

Time Frame

The statute of limitations starts to run at the time the cause of action accrues. The cause of action accrues at the time the misrepresentation is made or communicated to the plaintiff or injured party.

Tolling

In some cases, the misrepresentation is concealed or hidden. Most states stop the statute of limitations from running until the wrongful actions are discovered, or reasonably should have been discovered.

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