Small Claims issue
UPDATED: Oct 1, 2022
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Small Claims issue
I’m a Hair salon owner. A client had hair extensions done 4 years ago and when they were taken out, she left them at the salon with me. Now she wants them put back into her hair, but because so much time has lapsed I’ve thrown them away. She wants me to give her the money for them or she is taking me to small claims court. Does she have a case?
Asked on July 6, 2018 under Business Law, Ohio
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
It appears to be too late for her to bring legal action against you. Any lawsuit must be filed within what is known as the "statute of limitations"--if it is not, the person can no longer sue. In your state, the statute of limitations for damage or destruction of property is only two (2) years, so after four (4) years, she cannot successfully sue you. (See, for example, Ohio Revised Code 2305.10A.) That doesn't mean she can't try to file a lawsuit--the court does not "prescreen" suits to see if they are valid before allowing them to be filed--but if she does file, you should be able to raise the statute of limitations as a defense.
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