New York State Statute of Limitations & Small Claims Court

A statute of limitations is a law that determines the time limit in which a claim in a lawsuit can be filed. The time to bring the lawsuit depends on the type of claim in the lawsuit. If the lawsuit is not filed within the specified time, the claim is lost and cannot be legally asserted. In New York, the Small Claims Court follows New York's statute of limitations laws.

About Small Claims Court

Small Claims Court allows individuals to bring lawsuits without attorneys.

In New York, Small Claims Courts are less formal courts where individuals age 18 and over can bring lawsuits against other people or companies without a lawyer. All lawsuits in Small Claims Court are for money only. This means that you cannot sue to force someone to do something. The maximum amount of money you can sue for is $5,000.

About Statute of Limitations

The statute of limitations law in New York limits the time in which a lawsuit can be filed. The time limit is based on the type of claim in the lawsuit. Types of claims include contracts, personal injury and property damage. In addition to the type of claim, certain time restrictions apply to lawsuits brought against the state, state agencies or towns.

Time Limits

The time allowed to bring a lawsuit it limited - don't delay!

The statute of limitations in New York for contract disputes is six years. The statute of limitations for personal injury and property damage is three years. Generally, the time period begins to run at the time the event occurred that caused the lawsuit. For example, for personal injuries from a car accident, the time would start to run from the date of the accident and would expire three years from the accident date.

Suing the State

Different time limits apply for lawsuits against the state, a state agency or town. First, the state, agency or town must be notified within 90 days of the event; for example, the accident. If notification is not made within 90 days, by law a lawsuit cannot occur. Second, you must wait 30 days after notification to begin the lawsuit. This gives the state, agency, or town the opportunity to settle the claim. If a settlement is not reached, the statute of limitations to sue the state, agency or town is one year and 90 days.

References

• New York State Unified Court System: A Guide to Small Claims Court
• New York State Courts Access to Justice: Your Guide to Small Claims and Commercial Small Claims
• New York State Civil Practice Law and Rules: Limitations of Time

Resources

• New York City Department of Consumer Affairs: Small Claims Court Guide