Legal Question in Civil Litigation in California

Re: statute of limitations on small claims

Yes. But even if it were not a 'written contract', you can easily sue on the check itself.

Re: statute of limitations on small claims

Under Section 1719 of the California Civil Code, you may sue the writer of the check, if it has been dishonored by her bank for insufficient funds. If the check is for less than $7,500, you may sue her in Small Claims Court.

Under this statute you are also entitled to $25 as a service charge. But wait, there's more. If you send the bad check writer a written demand for payment of the check, by certified mail, and include the notice required by subsection (a)(2) of Section 1719, you may recover three times the amount of the check, if the writer of the check does not pay you within 30 days.

To find the full current version of Civil Code Section 1719, go through the following link: http://www.leginfo.ca.gov/

The statute of limitations on the check should be four (4) years, since it is an obligation or liability founded upon an instrument in writing (the check). See Section 337 of the Calif. Code of Civil Procedure.