Legal Question in Consumer Law in California
Statute of Limitation in California
Ladies and Gentlemen: I would like to know the time frame of the Statue of Limitation for a contractor's invoice.
Thank you for your time.
Sincerely,
--name removed--Oliver
2 Answers from Attorneys
Re: Statute of Limitation in California
Generally: Either 2 or 4 years. 2 years without a contract. 4 years with a contract. The time begins to run when the breach occurred, when the payment was due. The above is only a generalization. Feel free to contact us if your situation doesn't easily fall into one of the categories above.
Re: Statute of Limitation in California
Your question is somewhat amgibuous. However, if you are asking how long a contractor would have to sue you if you did not pay an invoice presented to you, it would depend. An invoice which has been presented generally implies that the parties entered into some form of contract whereby the contractor agreed to do some work in return for being paid.
If the contract was oral, the statute of limitatiosn is generally 2 years. If the contract was written, the statute of limitations is 4 years. There are also causes of action known as "common counts" which generally refer to an account stated, open book account, etc. If these theories are used the limitations period is either 2 or 4 years depending on the theory relied upon.
You may want to provide more information, such as whether a written contract was signed, in order to get a more specific answer to your question.
Related Questions & Answers
-
Cell Phone Contract Question I switched to Verizon as my cell phone provider last... Asked 10/05/05, 6:21 pm in United States California Consumer Law
-
Car damaged by auto stereo install shop, will not pay! 10/2 I bought a new Honda... Asked 10/05/05, 2:32 am in United States California Consumer Law
-
Rebate that never came About a year ago, I bought a laptop at Best Buy with a... Asked 10/03/05, 3:17 am in United States California Consumer Law
-
Small Claims Proceedings In CA Purchased a PC on Ebay that was sold to include... Asked 9/30/05, 8:46 pm in United States California Consumer Law
-
Finance contract I recently bought a car, and signed a contract for financing the... Asked 9/29/05, 11:35 pm in United States California Consumer Law