Are there any statutes of limitations on small claims court cases?
Yes, there are statutes of limitations on small claims court cases in Virginia. According to the Virginia Code, the statute of limitations varies depending on the type of claim. Generally, the statute of limitations for most breach of contract cases is five years, while the statute of limitation for cases involving fraud is two years. However, there are certain exceptions to the general rule. For instance, if the defendant has committed fraud or breach of trust and is hiding assets, the clock on the statute of limitations will begin to run again following the discovery of new evidence that fraud or breach of trust has occurred. Additionally, if a defendant has concealed any facts related to the case, the statute of limitations will be extended for three years beyond the date the facts were revealed. It is important to note that in Virginia, the statute of limitations for small claims court cases runs from the date of the last action or breach of contract rather than the date the claim is filed. Therefore, if a claim is filed after the expiration of the statute of limitations, the court may not consider the claim. Therefore, it is important to contact a lawyer or consult with the court to make sure the statute of limitations has not expired before filing a small claims court case.
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