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 Florida is four years. This means that a person can file a lawsuit in small claims court up to four years after the event or offense that caused the lawsuit took place. The four-year statute of limitations applies when filing a claim for a breach of contract or a civil tort, such as negligence, battery or intentional infliction of emotional distress. It is important to note that if the four-year timeline has already passed, then filing a lawsuit may not be possible. In instances where the cause of action or injury is not known until some time after the event, there is an exception to the four-year statute of limitations. For example, medical malpractice suits are subject to a two-year statute of limitation. In other words, the lawsuit must be filed two years from the date the injured party is aware or should have been aware of the injury or malpractice. It is important to follow the proper procedure when filing a claim in small claims court in Florida. A person should consult an attorney before taking legal action as the laws can be complex and difficult to understand. Additionally, an individual should make sure that the statute of limitations has not expired before filing.
Related FAQs
How do I serve the other party with notice of my small claims court case?What is the statute of limitations for filing a claim in small claims court?
Are there any statutes of limitations on small claims court cases?
How does the evidence presented in a small claims court hearing differ from that presented in other courts?
Is there a limit on the amount of time I can spend in small claims court?
How do I locate a defendant in a small claims court case?
Can I represent someone else in small claims court?
How do I find out the status of my small claims court case?
How can I find out if my small claims court case has been decided?
What is the court's decision-making process for small claims cases?
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