Legal Question in Appeals and Writs in Massachusetts
Expiration period of the claim
What is the expiration period of a case, i.e. for how long after a person refuses to return my money I still can turn to Small Claim Court?
1 Answer from Attorneys
Re: Expiration period of the claim
What you are asking about is called a "statute of limitation". These statutes set the time period within which a lawsuit must be filed in order to be timely. However, a statute of limitation is a defense which must be claimed by the defendant, and if the defendant doesn't claim it, the lawsuit goes forward. The statute does not prevent you from filing the lawsuit. Depending on why you are suing, there are different time limitations. The time limitation for a contract action, for example, is six years. Check with a lawyer to find out about your particular reason. Best wishes.