What is the statute of limitations for filing a claim in small claims court?
The statute of limitations for filing a claim in small claims court in Delaware is 3 years. This means that a person has 3 years from the date when the right of action arose to file their claim. If a person fails to file a claim within this 3 year period, then they are barred from seeking any recovery for their claim. Under Delaware law, the statute of limitations for certain types of claims is shorter than the 3 year period. For instance, those who wish to pursue claims for libel, slander, and assault must file their claim within 1 year of the incident’s occurrence. On the other hand, no statute of limitations applies to claims arising from fraudulent or willful acts. If a person is unable to file their claim within the alloted time period, they may be able to seek an extension of the deadline in certain cases. This will depend on several factors, such as the type of claim, the amount of money being claimed, and the circumstances of the case. To seek an extension of the deadline, they must file a motion with the court and must show that there are reasonable grounds for an extension to be granted.
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