Legal Question in Civil Litigation in Ohio

Statute of Limitations for Small Claims Court

From Ohio - My SIL's boyfriend gave her his car as a birthday present in 1996. They broke up late 1998/early 1999. He took her to court in Nov. 1999 & Jan. 2000 to get the car back. He lost both times. He's now taking her back to court for the car again. My SIL had an attorney who was representing her for free for the other 2 cases, but he can't do it this time. Is there a limit to how many times a person can be sued for the same thing? Is there a statute of limitations for small claims court? She's had the car in her possession for 4 yrs. now.


Asked on 9/26/00, 12:04 am

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Statute of Limitations for Small Claims Court

The main issue is not the statue of limitation, but the fact that the claim has already been before the Court. If the second case is identical to the first case the second case should be dismissed on the grounds of res judicata. One can only try an issue once. Otherwise, a claim will never die.

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Answered on 10/25/00, 12:54 pm


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