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I have a bookkeeper that is now claiming I owe her $500 from…

Customer Question
I have a bookkeeper...

I have a bookkeeper that is now claiming I owe her $500 from a business tax return she provided on April 4, 2015. I am in the California area and would like to know if the statues of limitations in California is 2 years on this type of claim which would make it null and void.

Lawyer's Assistant: Has anything been filed or reported?

She filed a small claims court against me. I was just made aware of that charge

Lawyer's Assistant: What damages are sought in the case?

One charge for $500 for a prior business tax return dated 4/4/17. Plus two other allegations that are separate and personal issues.

Submitted: 11 months ago.Category: Legal
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7/30/2017
Lawyer: Dwayne B., Attorney replied 11 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 11 months ago

Give me just a couple of minutes for research.

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Lawyer: Dwayne B., Attorney replied 11 months ago

Yes, the claim would still be valid as California has a 4 year statute of limitations for breach of contract cases. That is assuming it is a written contract to perform the services. An oral contract has a 2 year statute of limitations. The statute of limitations for oral contracts are set forth in Section 339 of California's Code of Civil Procedure while Section 337 covers the written contracts.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Lawyer: Dwayne B., Attorney replied 11 months ago

If you received an email regarding a phone call for an extra price that comes directly from the website and not from me. I don't take part in the telephone program and only work through this format and in your case this format should be sufficient.

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Customer reply replied 11 months ago
There was no contract just a bill that she created for her services. The court case in small claims is tommorow and I cannot go back in my account to research and try and find that pd amount. Please advise
Lawyer: Dwayne B., Attorney replied 11 months ago

If you need more time to find the paperwork then you should file for a Motion for Continuance.

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Lawyer: Joycelaw, Attorney replied 11 months ago
Joycelaw
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Category: Legal
Satisfied Customers: 120
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Customer reply replied 11 months ago
I still don't know if it's 2 years or 4 and is it too late to try and get a motion of continuance
Lawyer: Dwayne B., Attorney replied 11 months ago

You can file a Motion for Continuance up until the trial starts.

I don't know what kind of contract you had. All I can tell you is the statute of limitations is 4 years for a written contract and 2 years for an oral contract.

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Lawyer: Dwayne B., Attorney replied 11 months ago

You mentioned earlier there was no contract. If there was no written contract then it must be an oral contract and the statute of limitations is 2 years.

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Customer reply replied 11 months ago
It was a typed up bill she sent. I did not sign anything. Please advise
Lawyer: Dwayne B., Attorney replied 11 months ago

It doesn't sound like a contract. She will have to present that to the judge and he will make the decision. But generally would need to be written and signed by both parties ahead of time.

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Lawyer: Dwayne B., Attorney replied 11 months ago

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Lawyer: Dwayne B., Attorney replied 11 months ago

I am about to go offline for the evening. I will be back online tomorrow so if you have any follow up questions please ask them in this thread and I will answer them as soon as I see them. If you haven't issued a Positive Rating yet I would encourage you to do so now. Issuing a Positive Rating will prevent the question from timing out and closing and will lock it open so it can be accessed and the Q and A can continue at any time from this evening or even a year or more from now.

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