Are there time limits in which a small claims court case must be filed?
Yes. States establish rules called “statutes of limitations” that dictate how long you may wait to initiate a lawsuit after the key event giving rise to the lawsuit occurs or, in some instances, is discovered. Statutes of limitations rules apply to all courts, including small claims. You’ll almost always have at least one year to sue (measured from the event or, sometimes, from its discovery). Often, you’ll have much longer. There may be extenuating circumstances that lengthen or shorten the established Statute of Limitation – this is where a review by a lawyer may be of great benefit. If you’re planning to sue a state or local government agency, however, you’ll usually need to file a formal claim with that agency within three to six months of the incident. Only after your initial timely complaint is denied are you eligible to file in small claims court. If some time has passed since the incident giving rise to your lawsuit occurred — for example, after the breach of a written contrac
