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Limitations Periods and Invoices

Posted on March 11, 2015 | Posted in Civil Litigation, Five Liners

Licata Disability Management Paralegal v. Triluc Enterprises 2014 SCJ

Paralegal’s invoice stated that payment was to be remitted 30 days from the date of the invoice. Limitation period therefore ran from the 31st day and the claim was issued too late. This was not a situation in which the invoice had no specified time for payment; in that situation, a previous case held that the limitation period ran from a reasonable time by which payment was to have been made and, on the facts, decided 30 days was reasonable.

The paralegal had also sued for $17,000 when her invoice had been issued for $8,000. Had the action not been time-limited, the judge would have

  • limited the paralegal to $8,000; and
  • held the personal defendant liable because she used a name and style in the contract that she never registered to a corporation and there was no indication of a corporation on the contract document.

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