--- title: "Estoppel: A Defense that Trumps the Statute of Limitations" description: Estoppel is an extremely effective defense to problems that drag on and on and on such that the applicable statute of limitations seemingly applies. --- [Dan's Desk](https://www.gallatin-law.com/blog/author/dan-gallatin) - [lawyer](https://www.gallatin-law.com/blog/tag/lawyer) - [hugo](https://www.gallatin-law.com/blog/tag/hugo) - [MN](https://www.gallatin-law.com/blog/tag/mn) - [law](https://www.gallatin-law.com/blog/tag/law) - [attorney](https://www.gallatin-law.com/blog/tag/attorney) - [legal](https://www.gallatin-law.com/blog/tag/legal) [Subscribe](https://www.gallatin-law.com/blog/estoppel-a-defense-that-trumps-the-statute-of-limitations#) 07/23/2020 # Estoppel: A Defense that Trumps the Statute of Limitations - - - - - [mailto:?subject=Estoppel%3A%20A%20Defense%20that%20Trumps%20the%20Statute%20of%20Limitations&body=https%3A%2F%2Fwww.gallatin-law.com%2Fblog%2Festoppel-a-defense-that-trumps-the-statute-of-limitations](mailto:?subject=Estoppel%3A%20A%20Defense%20that%20Trumps%20the%20Statute%20of%20Limitations&body=https%3A%2F%2Fwww.gallatin-law.com%2Fblog%2Festoppel-a-defense-that-trumps-the-statute-of-limitations) Estoppel is an extremely effective defense to problems that drag on and on and on such that the applicable statute of limitations seemingly applies. But, if over the course of the dispute you have an adversary promising to pay or make reparations, the defense of estoppel is your best friend. Estoppel means that one who makes a promise to pay or do something cannot later rely on an affirmative defense to avoid fulfilling that promise. The statute of limitations is an affirmative defense. Estoppel can be evidenced by oral or written agreements. But, as has been expressed in this blog many times, an express writing is best. For example, you would state: In reliance on your promise to pay me $5,000.00 at my office in Hugo by August 1, 2020, I am refraining from serving you with a summons and complaint. If you are nervous that you have lost the ability to recover because time has passed, let's talk to find out of there is in fact some way for you to revive your claim. The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site. - [agreement to wait](https://www.gallatin-law.com/blog/tag/agreement-to-wait), - [claim](https://www.gallatin-law.com/blog/tag/claim), - [Defense](https://www.gallatin-law.com/blog/tag/defense), - [estoppel](https://www.gallatin-law.com/blog/tag/estoppel), - [recovery](https://www.gallatin-law.com/blog/tag/recovery), - [time passed](https://www.gallatin-law.com/blog/tag/time-passed), - [Statute of Limitations](https://www.gallatin-law.com/blog/tag/statute-of-limitations) ![Dan Gallatin](https://www.gallatin-law.com/hubfs/assets-mjfw/site%20images/Dans-Desk.jpg) ## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin) Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo. ### CONNECT WITH ME - ## Related Posts [03/05/2020 Collateral Estoppel: Critical Fundamentals Collateral estoppel is not a commonly known term, but it is critical in the legal world. Just 3 days ago the Minnesota Court of Appeals applied… Read Post ](https://www.gallatin-law.com/blog/collateral-estoppel-critical-fundamentals) [06/24/2020 Updating Regulatory Information In order to get professional licenses, such as a real estate agent or mortgage originator, you need to fill out an application. In Minnesota, that… Read Post ](https://www.gallatin-law.com/blog/updating-regulatory-information) ### Subscribe Here! ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Dan Gallatin", "url" : "https://www.gallatin-law.com/blog/author/dan-gallatin" }, "dateModified" : "2020-08-21T17:07:04.444Z", "datePublished" : "2020-07-23T05:00:00.000Z", "headline" : "Estoppel: A Defense that Trumps the Statute of Limitations", "mainEntityOfPage" : { "@id" : "https://www.gallatin-law.com/blog/estoppel-a-defense-that-trumps-the-statute-of-limitations", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://www.gallatin-law.com/hubfs/logos/Gallatin-Logo-654x84.png" }, "name" : "Gallatin Law, PLLC" } } ```