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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Is there a time limit in CA to take someone to claims court

Customer Question

I had asked you a question last year titled 'I lent a friend a large sum of money approx $32,500' but the lawyer who advised me back then is no longer on this website.

I am finally in a financial position to open an unlimited justice case against that person but before I paid for a lawyer I just wanted to know if there was a time limit to open a case like this in the state of California. He was meant to have paid me back by April 2014.

Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.

You are probably going to be filing under breach of oral contract - this has a statute of limitations of 2 years (the 2 years "accures" (starts) at the time that the defendant first breaches the contract - so when they were first supposed to pay you back and failed to do so).
If you had a written contract, the statute is 4 years.
(See: http://www.courts.ca.gov/9618.htm).