Legal Question in Civil Litigation in Florida

small claims

Is there a statue of limitations on time constraints from when an incident occured to the time you take someone to court.


Asked on 6/22/07, 3:17 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: small claims

Yes. It depends on what the case is about. Generally, a breach of a written contract is 5 years, breach of an oral contract is 4 years, a negligence claim is 4 years, a martime boating accisdent is 3 years, a claim of professional negligence is 2 years, specific performance is 1 year.

THESE ARE GENERAL GUIDELINES ONLY. THE SPECIFIC FACTS OF ANY CASE CAN ALTER THESE TIMES AND IT IS OFTEN DIFFICULT TO DETERMINE WHEN THE TIME STARTS AND ENDS.

Contact a lawyer with your specific case facts and you can get an accurate answer to rely on.

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Answered on 6/22/07, 9:15 am
Scott R. Jay Law Offices of Scott R. Jay

Re: small claims

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes. There is a statute of limitations for actions under Florida law as set forth in Florida Statutes 95.11 Limitations other than for the recovery of real property. It varies for different kinds of actions. Most actions must be commenced within 4 years although some periods are shorter and some are longer.

Scott R. Jay, Esq.

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Answered on 6/22/07, 10:33 am


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