Legal Question in Credit and Debt Law in California

can i file a case in small claims court for someone violateing the california code of civil procedure 337, 337a which has caused damages to me because of this action. are code violations, that cause damage to another person, grounds for a law suit

Asked on 2/14/13, 12:57 pm

1 Answer from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

No. California Code of Civil Procedure section 337 provides for a 4-year statute of limitation on a written contract and section 337a relates to the 4-year statue of limitation on a "book account." One cannot "violate" either of these sections. These statutes relate to a defense of a lawsuit based on breach of a contract. One generally cannot be sued for bring a lawsuit even if it is outside the statute of limitation. If you are being sued on a contract and the statute of limitation has run, you must assert, and prove, that defense in the contract lawsuit. If you are being sued, you should immediately seek the help of an attorney because you only have 30 DAYS AFTER SERVICE OF THE SUMMONS AND COMPLAINT within which to respond. If you fail to do so you will, in all probability, lose any defense you might have based upon the statute of limitation, or any other defense for that matter.

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Answered on 2/14/13, 1:14 pm

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