LEO: Filing Suit After Statute Has Run, LE Op. 491

 

    Filing Suit After Statute Has Run.

 

    September 3, 1982

 

    It is not improper for an attorney to file suit on an overdue account after the statute of limitations has run since the limitation of action is an affirmative defense which becomes effective only if so raised. [DR:7-101(A)(1)]

 

    Committee Opinion September 3, 1982