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The statute of limitations is a defense that is ordinarily asserted by the defendant to defeat an action brought against him after the appropriate time has elapsed. Therefore, the defendant must plead the defense before the court upon answering the plaintiff's complaint.
What is a statute of limitations? A statute of limitations is a period of years after which a creditor can no longer sue you to collect on your debt. Its purpose is to safeguard you from the worry of being sued by a creditor forever. However, this does not prevent a creditor from suing you.