Is there a deadline for filing a claim in small claims court?
Yes, there is a deadline for filing a claim in small claims court in Delaware. Depending on the type of claim being filed, the deadline is either two or three years from when the claim first arose. If the claim is related to an injury or property damage, the statute of limitations is two years. If the claim is for an oral or written contract, the statute of limitation is three years. In Delaware, small claims court is instituted to handle civil cases where the damages or costs are less than $15,000. In order to file a claim in small claims court, a person must complete a complaint, as well as an affidavit, and provide the court with the appropriate documents and fees. The filing party also must provide the other party involved in the dispute with a copy of the complaint. In Delaware, small claims court proceedings are fast and often informal. Generally, there is only one hearing, and it is the responsibility of the claimant to prove the facts of the claim. In most cases, it is not allowed to have a lawyer present at the hearing. Since filing a claim in small claims court is subject to a deadline, it is important to be aware of the statute of limitations in Delaware. While filing a claim within the statute of limitations does not guarantee a favorable outcome, it does guarantee that you will have your opportunity to present your case in court.
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