Legal Question in Civil Litigation in Texas
Civil Small Claims
My husband was in business for himself. He received a citation. The nature of the plantiff's demaind beign suit upon installing incorrect heat exchanger in furnace, thereby negating the Texas home warranty coverage that was paid for and causing furnace to release carbon monoxide and be replaced. My question is how long do they have to file this lawsuit against us? Someone told us they only had two years. The suit was filed on 7/27/00. Ther service took place on 4/22/97. Thank you
2 Answers from Attorneys
Re: Civil Small Claims
If the suit is only for negligent installation or a similar claim they may well be limited to 2 years within which to bring their suit.
Warranties can extend this period much longer, however, and the warranty period will control.
If they are past the statute of limitations then the court has no jurisdiction to proceed. Bring it up with the small claims court judge if you are not dealing with an extended warranty.
Re: Civil Small Claims
The general rule is 2 years but there are many exceptions. IF there was a written contract if could be 4 years. If there was inherent undiscoverability of the problem it could be 2 yrs from when it was reasonably discovered.
It will be an affirmative defense that has to be put in your answer to the suit.
Also if your husband's business is a corporation you may not be able to represent yourself.
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