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I bought a computer on 11/05. It stayed in an ...

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I bought a computer on 11/05. It stayed in an unopened box for a year, when I opened the box I discovered a part was broken. The manufactuer took it back, never fixed it, never returned it and never repaid my 10,000 dollars. Has my time to go to Small Claims run out?
In California the statute of limitations on a breach of agreement is 4 years from the date they failed to perform (either deliver a new computer or refund your money). So you would start on the date they failed to perform, not the date your purchased. Even if we assume the 11/2005 date, you would still have time to sue until 11/2009. Further, in small claims you can only sue for upto $7,500.00. Anything more than $7,500.00 is a lawsuit in superior court (a claim of unlimited jurisdiction).

If you still wish to sue in small claims (upto $7,500), you can access further information and the forms here. Otherwise you will need to contact your local county court to see if they have the packets for a complaint in Superior court.

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