Statue of limitations apply when you file small claims. If you wait too long to file, your case becomes irrelevant and may be dismissed by the judge.


The California Courts website’s self-help section lays out the appropriate time frames to file small claims as follows:

• "If you are suing because you got hurt, you can file a claim for up to two years after you were hurt.


• If you are suing because a spoken agreement was broken, you have 2 years to file after the agreement was broken.


• If you are suing because a written agreement was broken, you have 4 years to file after the agreement was broken.


• If you are suing because your property was damaged, you have 3 years to file after your property was damaged.


• If you are suing because of fraud, you have 3 years to file after you find out about the fraud. Fraud is when you lose money because someone lied to you or tricked you on purpose.


• If you are suing a government or public agency, you have 6 months to file a claim with that agency. They have 45 days in which to make a decision. If no decision is made with 45 days then it is deemed denied. If they reject your claim, you have 6 months to file a claim with a small claims court."

If you file small claims that have circumstances outside of the above guidelines, you can file your claim and let the judge decide whether to hear your case.


If you have waited too long, however, there are a few options open to you to file small claims. The defendant can ask for a postponement, for example. If the claim is not served in the allotted timeframe because the defendant cannot be located, you can show the court clerk your service copy of the claim and ask for more time to find the defendant.


When you file small claims, you should act in a timely manner. Never leave the issue until it is too late since it takes time for your paperwork to be processed and up to 70 days before you go to court. During these time lapses, important evidence may be lost and memories of the incident become cloudy.


File small claims promptly to increase your chance of a successful lawsuit.