What is the statute of limitations for filing a claim in small claims court?
The statute of limitations is a law that specifies how much time a person has to file a claim in small claims court. In California, the statute of limitations for filing a claim in small claims court is two years. This means that any person who has a claim that is two or more years old cannot file a lawsuit in small claims court. In order to file a claim, the person must have a legally recognized “cause of action” against the defendant. In other words, the defendant must owe the claimant money or the claimant must have suffered a loss or injury due to the defendant’s actions. If a claimant attempts to file a lawsuit after the statute of limitations has expired, it may be dismissed by the court. It is important for potential claimants to be aware of the applicable limitations periods for filing a claim in small claims court. Depending on the specific claim, the statute of limitations may be different than the two-year period that applies in California. It is also important to note that the two-year statute of limitations begins to run the moment that an act or omission occurred that caused the injury or loss. This means that the two-year period starts counting down from that moment and not from when the claimant discovers that they were harmed. This can be very important in determining whether a claim is too old to file in court.
Related FAQs
What evidence do I need to present in small claims court?How do I object to a witness or evidence in a small claims court hearing?
Can I represent a business in small claims court?
Are there rules regarding the use of expert witnesses in small claims court?
How do I know if I should appear in person in a small claims court case?
How do I go about representing myself in small claims court?
Can I get an extension on my small claims court case?
Can I countersue the other party in a small claims court case?
Can I get a restraining order in a small claims court case?
How do I collect a small claims court judgment from a business?
Related Blog Posts
What is Small Claims Court and How Does it Work? - July 31, 2023Maximizing Your Chances of Success in Small Claims Court - August 7, 2023
7 Tips For Submitting a Winning Small Claims Court Case - August 14, 2023
The Pros and Cons of Taking Your Case to Small Claims Court - August 21, 2023
Preparing for Your Small Claims Court Hearing - August 28, 2023