Legal Question in Credit and Debt Law in California
Appeal based on statute of limitations?
I made verbal agreement to rent a piano @$10 a month. Cost big $ to have piano moved to my home and after awhile, I became unhappy with arrangement -things kept breaking - was spending hundreds of $ for repairs. Left message that I wanted to change the deal to no rent or she could have the piano picked up. She never called back even after stopped paying rent in 1995 until January, 01 when she called wanting piano. Claimed she never got messages and didn�t call me for 6 years because she �lost � my number. She wanted all back rent. I told her no but she could still come and get piano. She arranged pick up in February and then sued me in small claims court for all the old rent plus moving costs (costs were never part of arrangement). She won all of it! I consulted attorney before court date who told me to rely on the statute of limitations which I presented in court, the Code of Civil Procedure, Section 339, states that an action has to commence within two years. Since I stopped paying in 1995, she would have had to sue me by 1997, but didn�t. I can appeal, and wonder if I should. Did the judge make a mistake and not follow the law with respect to the statute of limitations, or am I missing something?
1 Answer from Attorneys
Re: Appeal based on statute of limitations?
appeal. the judge was a crook.