What is the time limit to file a small claims case regarding aconsumer protection matter?

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What is the time limit to file a small claims case regarding aconsumer protection matter?

We paid for a fence to be installed 8 years ago.It has a 15 year warranty. Then 5 years into it we realized and the company agreed that it was defective materials. They want to charge us to remove the defective and replace with new fence. WI Consumer Protection said that the company violated several provisions by not disclosing scope of warranty, conditions, exclusions, and time period for claim. It now 3 years after discovery of defective materials. Can I take this to small claims now?

Asked on September 15, 2011 under General Practice, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the fence that you purchased has a fifteen (15) year written warranty, you have had the fence for eight (8) years and you have discovered that it is defective where the manufacturer agrees that defective materials were used but wants to charge you to remove the defective fence and replace it with a new fence, if you filed an action be it in the small claims court or in a court with greater jurisdiction for awards beyond small claims, you would not be barred by any statute of limitations.

The reason is that by virtue of the fifteen (15) year manufacturer's warranty, you have fifteen (15) years to bring a lawsuit after installation for breach of warranty.

Good luck.


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