Breach Of Settlement Agreement Statute Of Limitations
So let`s pull out the chains and measure these cases. In Crispo, the parties shared their credit card debts and each agreed to pay a portion. The husband did not pay. The wife knew that the husband was not paying, as the opinion says she began to make the payments he had due on her behalf under the agreement. Apparently, he was insolvent, and she knew it as well. Using what I will call the Crispo standard, the offense took place for statute of limitations at the time she knew he had not paid. With regard to the amount of $22,500 to be paid for commercial interest, it was to be deferred to 2001, unless the husband had submitted an application for modification of the aid, in which case payment was due at the time of submission of the amendment. Two recent decisions on prescription are brief but important.