Is there a statute of limitation regarding the state honoring a court decision?
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Is there a statute of limitation regarding the state honoring a court decision?
There is a court order dating back 27 years ago and the state hasn’t honored the terms of the contract. Is this grounds to sue? Is there a statute of limitation for the state honoring a court order?
Asked on November 28, 2018 under Business Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A final court judgment in your state (South Carolina) can be enforced for up to ten (10) years after it was issued. A court order from 27 years ago would be beyond the statute of limitations; it would also (even if it were not) likely be barred by the doctrine of "laches" which states that if someone waits unreasonably long to enforce their rights, the courts will no longer enforce them, since the passage of time is unfair to the other side (documents are lost, witnesses die or move away, and it becomes unfairly difficult for the other side to respond).
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