Statutes of Limitation

This is the fourth in a series of articles about Mississippi statutes of limitation. You can read the first three articles here , here and here .

There are different types of trusts. The most common is a written trust agreement in which a party puts certain assets into a trust for the benefit of another.

Yet, even in the absence of a written agreement, the law can impose an equitable trust (also known as a constructive trust) on certain property.

An equitable trust arises by operation of law against someone who holds the legal right to property which, in equity, he should not hold. For example, if someone obtains the legal right to property by:

then the court can create a constructive trust and put the property in the possession of the party to whom it ought to belong.

A lawsuit to enforce an equitable, or constructive, trust must be brought within 10 years.

An exception exists for persons who are under the disability of infancy or unsound mind. In that case, in calculating the 10 years, the period of disability is not included. However, even in those instances, the statute can never run for more than 31 years.

Construction Defects

In Mississippi, a “construction deficiency” can take the form of any of the following:

Any lawsuit to recover damages for injury to a person or property arising from a “construction deficiency” must be filed within six years after the earlier of:

(i) written acceptance of the work by the owner, or

(ii) actual occupancy of the improvement by the owner.

This six-year limitation does not apply if the injury to a person causes his or her death.

Also, the limitation does not apply to any person, firm or corporation in actual possession and control as owner, tenant or otherwise of the improvement at the time the defective condition causes injury.

Any action to collect on, or otherwise enforce, a judgment rendered by a court in Mississippi must be taken within seven years after the judgment was rendered.

However, the judgment can be renewed prior to the running of the seven years by the filing of a simple notice of renewal with the clerk of court. The form of the notice can be found in Section 15-1-43 of Mississippi Code.

Enforcing Judgments

A “foreign judgment” is simply one entered by a court in a state other than Mississippi. To collect on or enforce a foreign judgment, action must be taken within seven years from the date the judgment was rendered.

There is an exception if the person against whom the foreign judgment was rendered was a Mississippi resident when the lawsuit against him was first filed. In that instance, the statute of limitation is only three years.

If you believe you have a claim, do not let the statute of limitation run. Contact the Panter Law Firm for a consultation. 601-607-3156.

Panter Law Firm, PLLC, 7736 Old Canton Road, Suite B, Madison, MS 39110.

www.craigpanterlaw.com

Craig Painter

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