Are there any statutes of limitations on small claims court cases?
Yes, there are statutes of limitations on small claims court cases in New York. The statute of limitations is the time period in which a claim must be filed. If the claim is not filed within this time frame, the claimant is not legally allowed to pursue the case in court. Generally speaking, a small claims court case in New York must be filed within six years of the incident or the date the cause of action accrued. There are exceptions to this statute of limitations, such as cases involving fraud or injury to a minor. In these circumstances, the limitation period could be longer than six years. It is important to keep in mind that the statute of limitations depends on the type of claim being made. Some claims may have a longer or shorter statute of limitations than others. For example, a claim for breach of contract may have a three-year statute, while a claim for medical malpractice may have a two-year statute. It is recommended that anyone considering filing a small claims court case consult with an attorney to determine the amount of time they have to bring a lawsuit. Because statutes of limitation may vary from one state to another, it is important to make sure that you are following the correct time frame for the state in which you are filing your case.
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