How to Learn the Time Limits in Which You Can File a Small Claims Suit

There are time limits, called statutes of limitation, during which you must file your small-claims suit in order for it to be valid. There is no federal time limit set for small-claims court. Each state has its own time limits for different types of claims, so you must learn how your state's statute of limitations applies to your suit.

Things You'll Need

• Computer with Internet access

Instructions

Learn the Time Limits for a Small Claims Suit

1. Head to Nolo's Web site (see Resources below) for the basics on statute of limitations for civil cases. Besides finding articles on time limits for court cases, the Rights & Disputes section also offers easy-to-follow guides for small-claims court.

2. Visit the National Center for State Courts Web site (see Resources below) to find a link to a small-claims court in your jurisdiction. The site provides the links to courts in most counties across the United States. For states with multiple counties, be sure to choose the county you will file the case in, as procedures may differ.

3. Read through all the information provided on your local court's Web site. Besides providing information on the time limits in which you can file a small-claims suit, you should also find the phone number for someone you can contact to answer any additional questions you may have.

4. Speak to the court clerk for your jurisdiction. He or she will be able to help you learn more about the entire small-claims court process, which includes how long you can wait to file a claim.

Tips & Warnings

• Consider hiring a lawyer. If you learn that the time limit is up for your type of case, a lawyer may be able to find a loophole so that you can still file suit. For instance, if your roommate failed to pay you the money he borrowed, the statute of limitations for a spoken contract may be up, but you may have one or two years to file suit as a fraud case.

• Don't wait too long to file the claim forms with your county clerk. The burden of proof will become heavier as time goes by.