A little over 2 years and still waiting for final payment. Can I still file a claim in small claims court?

Get Legal Help Today

 Secured with SHA-256 Encryption

A little over 2 years and still waiting for final payment. Can I still file a claim in small claims court?

I am still waiting final payment on a paycheck from 2-07 in minnesota. We have tried to work it out on our own and still no payment. There was only a verbal agreement to the independent work. Can I still file a claim in small claims court to get the final check?

Asked on June 29, 2009 under Employment Labor Law, Minnesota

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  Generally, the statute of limitations for claims such as this is 3 years from the date of the harm.  It appears that you are within the 3 years statute of limitations.  I suggest that you file the claim in small claims court for breach of contract and unjurst enrichment.  This wy you will have your claim preserved and you do not lose out.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption