Are there any statutes of limitations on small claims court cases?
Yes, there are statutes of limitations in small claims court cases in West Virginia. Generally, a statute of limitations sets limits on the amount of time a plaintiff has to file a claim. In West Virginia, the statute of limitations for small claims court cases is two years. This means that a plaintiff only has two years from the date of the incident to file their claim in small claims court. If the plaintiff does not file their claim within the two-year period, they may not be able to file their claim at all. This is because the statue of limitations would have expired and the plaintiff would be unable to bring their case in front of a judge in small claims court. It is important to keep in mind that statutes of limitations can vary from state to state. Therefore, it is best to consult an attorney in West Virginia to determine the applicable statue of limitation for a particular case. Additionally, certain exceptions may exist that may allow the plaintiff to file their small claims case after the two-year statute of limitation has expired. An experienced attorney can help to identify any such exceptions that may apply.
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