Estoppel is an extremely effective defense to problems that drag on and on and on such that the applicable statute of limitations seemingly applies. But, if over the course of the dispute you have an adversary promising to pay or make reparations, the defense of estoppel is your best friend.
Estoppel means that one who makes a promise to pay or do something cannot later rely on an affirmative defense to avoid fulfilling that promise. The statute of limitations is an affirmative defense. Estoppel can be evidenced by oral or written agreements. But, as has been expressed in this blog many times, an express writing is best. For example, you would state: In reliance on your promise to pay me $5,000.00 at my office in Hugo by August 1, 2020, I am refraining from serving you with a summons and complaint.
If you are nervous that you have lost the ability to recover because time has passed, let's talk to find out of there is in fact some way for you to revive your claim.
The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.
