Legal Question in Credit and Debt Law in California

Re: Small Claims

First, Small Claims Court is a court of equity, and I have seen judges and commissioners in small claims court not necessarily follow the strict letter of the law where "equity" demands a different result. That being said, the underlying Statute of Limitations for the claim you are making is going to determine whether you can file a lawsuit or not. Depending upon the type of claim you are making - personal injury, breach of written contract, breach of oral contract, etc... the Statute of Limitations can be anywhere from one year to 4 years. Best bet is to file the claim now, irrespective of how old it is, and let the judge or commissioner decide if the claim is now barred by a Statute of Limitations.

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