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

UPDATED: Sep 15, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 15, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption