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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38129
Experience:  Retired (mostly)
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Socrateaser only please: HI, I hope you are well and enjoying

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Socrateaser only please:
HI, I hope you are well and enjoying this beautiful weather. What is the statute of limitations in small claims court for filing? What is the maximum amount that I can sue for?

Hello again! Yes, it is a "beauteefowl" day.

There is no statute of limitations for small claims court. The statute of limitations is based upon the claim or claims in your complaint to the court. Each one may or may not be different. Common examples:

 

  • Breach of an oral contract: Two years.
  • Breach of a written contract: Four years.
  • Suits for libel or slander: One year.
  • Personal injury claims based on negligence: Two years.
  • Fraud: The cause of action is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
  • Suits for injuries resulting from domestic violence: Three years from the last act of domestic violence.
  • Childhood sexual abuse: Eight years from the victim's 18th birthday or three years after the victim realizes that physical or psychological injury has resulted from childhood sexual abuse, no matter what the victim's age.

 

 

Re how much, an individual can sue for up to $10,000 ($7,500 in the case of bodily injury related to an automobile collision, where the defendant is covered by an insurer with a duty to defend). A business entity, only $5,000.

 

Hope this helps.

socrateaser and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thank you!! If I rent my home out to a company, and the contract had my name on it, am I considered a business or an individual? They owe me almost $10,00 and I am tired of asking for it.


 


Also, The terrible neighbors who instigated the HOA ordeal last week, invited me over for a Truce martini, I accepted, then they retracted! lol The day they asked me over wasn't good for them after all. In the 20 years they have lived next door, this is the FIRST invitation. I have invited them several times...

Thank you!! If I rent my home out to a company, and the contract had my name on it, am I considered a business or an individual? They owe me almost $10,00 and I am tired of asking for it.


A: If your name is XXXXX XXXXX lease as the landlord, and you own the rental property, then you are a "natural person" under Code Civ. Proc. 116.221, and you can sue for up to $10,000 in small claims court.


Also, The terrible neighbors who instigated the HOA ordeal last week, invited me over for a Truce martini, I accepted, then they retracted! lol The day they asked me over wasn't good for them after all. In the 20 years they have lived next door, this is the FIRST invitation. I have invited them several times...

 

A: Beware of "Greeks bearing gifts." They could be trying to trick you into admitting that you're running a business from your home. So, be careful.

 

Hope this helps.
Customer: replied 3 years ago.

Exactly!! I will treat the neighbors as if they have the poison apple or have a knife in their hand when I turn my back. I will go with a big smile and eyes on the back of my head!

Good luck!
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