How Long Do You Have to Take Someone to Small Claims Court? ⌛
California’s Statutes of Limitations range from one to 10 years.
The time limit in which you can take someone to small claims court all depends on the legal matter.
California’s Statute of Limitations (SOL) covers a wide range of legal matters, including everything from personal injury to contract agreements. If you fail to take action within the time limit provided, your chance to sue disappears.
So, how long do you have to take someone to small claims court exactly and when does the time limit begin?
Today, we’re taking a closer look.
As always, we recommend you contact an attorney sooner than later, as he or she will discuss your legal matter in detail, including the statute of limitations as they apply to your case. For the best results, it’s important that you seek counsel from an attorney specializing in the area of law relating to your legal matter.
How Long Do You Have to Take Someone to Small Claims Court?
It depends on your legal matter.
If you’re interested in filing a lawsuit regarding a legal matter that occurred a while ago, you may be wondering … “How long do you have to take someone to small claims court?”
The statutes of limitations in California cover a wide range of legal matters but often spans from one to 10 years. For the best results, we recommend contacting an experienced attorney to discuss your matter in detail.
What is the Statute of Limitations?
You don’t have forever to file a lawsuit in small claims court. There is a time limit. The reason is simple and logical. The longer you wait, the more difficult your case will be to hear. Memories fade. People move. Witnesses may be hard to find.
Each state has a time limit, called a statute of limitations, and the limit varies with the type of case. You will have to meet this time limit for your case to be heard.
Make sure you check the SOL for your type of case before filing. If someone owes you a sum of money for five years but the statute of limitations to recover that debt is four years, you cannot make a small claim.
What Are the Time Limits in California?
The statutes of limitations in California cover a wide range of legal matters, including those that include special conditions.
These time limits determine how long do you have to take someone to small claims court.
Let’s take a look …
Personal Injury
Injury to a person. If a defendant hurts you with or without intending to hurt you, you may have a personal injury case. This can be assault, battery, wrongful act, negligence of some sort, etc. The statute is 2 years from the date of injury.
Property Damage
If a defendant damages or destroys your property either with or without intending to damage it, you may have a property damage case. This can be the taking of your personal property (conversion), the crashing of your vehicle, trespassing, fraud, etc. The statute is 3 years from the date the property was damaged.
Oral Contracts
Oral contracts are the contracts that you and the defendant did not write down. In many cases, there is written material (canceled check, receipt, etc.) that confirms that an oral contract was created. The statute is 2 years from the date the contract was broken.
Written Contacts
Written contracts are easier to prove responsibility. The statute for claiming a breach of a written contract is 4 years from the date the contract was broken.
There are many cases that may have special conditions attached, so it’s always a good idea to check the Code of Civil Procedure (CCP) limits for insights before proceeding with your claim.
When Does the Clock Start for Statutes of Limitations?
After you have figured out which statute of limitations applies to your case, you have to determine when the limit starts. In most cases, the time starts on the “date of harm.” This is the date when you were injured, or your property was harmed, or an agreement or contract was breached. This is an important date, as it will determine how long do you have to take someone to small claims court in most cases.
However, there is a big exception to this general rule. There may be situations where you may not be aware for months or even years that you have been harmed. In these situations, any statutes of limitations may start on the “date of discovery” of the harm or on the date on which you “should have discovered” the harm.
These definitions are important to know if you have to defend yourself in court for something that happened years ago. You should bring to the court’s attention any violation of the statute of limitations.
In some courts, you can ask the judge to throw out a complaint about a violation of the statute of limitations by filing a Motion to Dismiss. In other courts, you can allege the complaint is untimely by including an “affirmative defense” in your answer to the complaint.
The statute of limitations can be suspended for a period of time for various reasons. This is called “tolling” and it can be imposed when the defendant is a minor or is out of town, etc. When the situation ends (the defendant comes back in town, etc.), the statute begins to run again.
Special Circumstances
There are all kinds of circumstances that can affect the statutes of limitations, in addition to tolling. For example, when an installment contract is involved, the statue of limitations usually applies separately to each installment. If the defendant contracted to pay in five installments and missed the first one, you can sue only for missing that first one and not for all five.
But even this limitation has exceptions.
A written contract may contain an “acceleration clause” that states if one installment is missed, then all installments become immediately due.
Another circumstance can involve a debtor who voluntarily starts to make payments on a contract after the statute of limitations runs out. If the debtor stops payments again, the situation does not call for another statute of limitations suit.
However, if the debtor signs a written agreement promising to make all the payments owed, this reinstates the original contract and creates a new statute of limitations. It is called “reaffirming the debt.”
Although you represent yourself in small claims court, you may want to consult with an attorney to make sure you understand the rules and exceptions of the court process.
What Is Small Claims Court?
If someone failed to pay you back a loan, fix your car or appliance properly, return your security deposit, or meet the terms of a service contract they signed – you may be able to file a suit in a small claims court.
In some states, you can file a small claim for the return of an item (called “restitution”) or dispute an eviction action.
If the dispute involves money, you can make a claim based on any legal principle used in other courts like personal injury, breach of contract or warranty, etc.
Small claims courts primarily resolve disputes involving a relatively small amount of money. Lawsuits in most small claims courts, including those in California, range between $3,000 and $10,000. One exception is that you may not file a claim over $2,500 more than twice a year. The limit for a local public entity or businesses is $5,000. You can sue a guarantor that charges for its guarantor or surety services up to $6,500.
But you can’t go to small claims court for every legal problem you have. You cannot use small claims court to file for bankruptcy, file for guardianship or divorce, name change, or emergency injunction. You also may not be able to sue for libel, slander, or false arrest.
Also, you can’t bring a small claims lawsuit against a federal agency, the federal government, or a federal employee for actions relating to his or her employment. Suits against the federal government are normally filed with a federal court. But there are small claims procedures available in a federal tax court (Small Case Division).
Conclusion
The Statute of Limitations in California covers a wide range of legal matters, but often limit the time in which you can file a lawsuit from one to 10 years depending on the specific matter.
For this reason, it’s in your best interest to contact a lawyer for guidance. An experienced attorney will help you understand how long you have to take someone to small claims court and help you proceed if you wish to press a lawsuit.
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