Equitable doctrine of laches
Date: Tue, 02/03/2009 - 09:01
Has anyone used laches in an affirmative defense? The statute of limitations on my cc debt was due to expire 7 days after the the complaint was filed. It is difficult for me to track down accurate information about this debt being it was so long ago.
In my civil action against a 5 year old JDB, I find myself needi
In my civil action against a 5 year old JDB, I find myself needing evidence for the debt such as a detailed statement of events and chain of custody (or is it title?) all the way back to OC. This seems impossible for me to get accomplished because of the lapse of time.
This is what my affirmative defense to this would say:
Defendant involks the equitable doctrine of laches, as the plaintiff has waited to long to assert his legal rights for the claim. The evidence or testimony needed to fairly satisfy this claim has been misplaced, distorted, disturbed or is no longer available to the defendant against the claim.
Am I asserting this defense correctly?
