Legal Question in Civil Litigation in New Jersey
Small Claims Suit Regarding Codominium
On April 28th 1999 my hot water heater broke and water leaked and stained the downstairs ceiling. Occupant said she did not have homeowners
insurance and I offered to pay for damage. She said not to bother because
it wasn't that bad. In March 1999 (almost 1 year latter) she sent me a ceritified letter requesting I contact her regarding paying for the stain by 4/6/99. I requested an estimate on the damage. She provided 3 estimates. I replied that I would settle
the claim, after I got an estimate on the damage that was caused to me
by her actions on March 99. She denied damage to me in March, I received
a harrassment call twice regarding the issue. I filed a police report regarding
the harrasment call. I then sent her a note requesting that I have my contractor
take a look at the stain and that I the contractor directly to repair the damage. There was no response from her and on 4/19/00 I received a Summons to appear in Small
Claims Court paying $129 for a small water stain on her ceiling. Is there a time
limitation on filing a claim? Any suggestions?
1 Answer from Attorneys
Re: Small Claims Suit Regarding Codominium
NJ has a 2 year statute of limitations for negligence.
Given the problems that you are experiencing, and if the $129.00 is within the range of one of your estimates, it might make sense not to offer the money now, but to wait for court so that there is some finality, for both of you.
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