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.
2 Answers from Attorneys
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.
Re: small claims
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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.