A little over 2 years and still waiting for final payment. Can I still file a claim in small claims court?

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A little over 2 years and still waiting for final payment. Can I still file a claim in small claims court?

I am still waiting final payment on a paycheck from 2-07 in minnesota. We have tried to work it out on our own and still no payment. There was only a verbal agreement to the independent work. Can I still file a claim in small claims court to get the final check?

Asked on June 29, 2009 under Employment Labor Law, Minnesota

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  Generally, the statute of limitations for claims such as this is 3 years from the date of the harm.  It appears that you are within the 3 years statute of limitations.  I suggest that you file the claim in small claims court for breach of contract and unjurst enrichment.  This wy you will have your claim preserved and you do not lose out.


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