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Samuel C. Stretton. Samuel C. Stretton.

Recent case raises issue of statute of limitations claim in debt collection.

I saw your article about statute of limitations defenses where you stated it was OK to file a suit even if you knew the statute had passed. My recollection is there are some type of cases you can’t do that. Is that true?

A previous article by this writer suggested that it would not be unethical to file a complaint even though the lawyer knew the statute of limitations had passed because in Pennsylvania, the statute of limitations must be raised as an affirmative defense. Under the chance that the defense, for whatever reason, failed to raise the defense in a new matter, then the case could proceed. Therefore, it was not unethical to file a complaint even though the attorney is well aware the statute of limitations has passed.

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