What is the statute of limitations for suing a company in small claims court?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What is the statute of limitations for suing a company in small claims court?

Approx 3.5 years ago, I threatened to sue a car company for approx $2,000 for a clutch replacement (they wouldn’t cover under warranty) and a door alignment (wouldn’t cover under warranty). I have all the paperwork, documentation, letters threatening to sue, but I keep pushing the process aside. Is it too late or how much time do I have to bring them to court? In NE.

Asked on November 14, 2010 under General Practice, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It doesn't matter whether its small claims court, municipal court, district court, etc.: the statute of limitations is based on the type of action. A warranty action is most likely a contract cause of action--you'd be suing for breach of contract. In that case, the statute of limitations on a written contract in Nebraska  is 5 years. That's 5 years from when the cause of action accrued; that is, it would be five years from when the dealer or manufacturer, etc., refused to honor the warranty--not five years from when you threatened them with a lawsuit. Assuming that the failure to honor the warranty occured less than 5 years ago, you should still have time, though don't delay any further--if you're going to file a lawsuit, file it. Good luck.


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 lock Secured with SHA-256 Encryption