Legal Question in Consumer Law in California

How long do you have to file a Small Claims Lawsuit?

Asked on 6/05/17, 3:46 pm

1 Answer from Attorneys

Gerald Dorfman Dorfman Law Office

The amount of time you have to file any lawsuit depends on what you are suing for. For example, for personal injury, except medical malpractice, you must sue within 2 years. For breach of an oral agreement, two years; a written agreement four years. However, unfortunately, there can be some other complications and shorter deadlines. For example, there is a short deadline for filing a claim against a government entity, which you must almost always do before filing suit. There may also be some theories which could apply to your case with shorter deadlines, and you can lose the option of using those theories if you don't sue on time. The best policy is to sue well before any deadline, as witnesses and evidence can be harder to find the longer you wait.

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Answered on 6/05/17, 4:32 pm

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