What is the statute of limitations for suing a company in small claims court?
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What is the statute of limitations for suing a company in small claims court?
Approx 3.5 years ago, I threatened to sue a car company for approx $2,000 for a clutch replacement (they wouldn’t cover under warranty) and a door alignment (wouldn’t cover under warranty). I have all the paperwork, documentation, letters threatening to sue, but I keep pushing the process aside. Is it too late or how much time do I have to bring them to court? In NE.
Asked on November 14, 2010 under General Practice, Nebraska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It doesn't matter whether its small claims court, municipal court, district court, etc.: the statute of limitations is based on the type of action. A warranty action is most likely a contract cause of action--you'd be suing for breach of contract. In that case, the statute of limitations on a written contract in Nebraska is 5 years. That's 5 years from when the cause of action accrued; that is, it would be five years from when the dealer or manufacturer, etc., refused to honor the warranty--not five years from when you threatened them with a lawsuit. Assuming that the failure to honor the warranty occured less than 5 years ago, you should still have time, though don't delay any further--if you're going to file a lawsuit, file it. Good luck.
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