Legal Question in Consumer Law in Virginia

time limit to file a small claims suit?

Is there a time limit within which one must file a small claims suit? And what is the maximum amount that can be sued for?

Thanks very much.


Asked on 9/11/06, 9:21 pm

1 Answer from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: time limit to file a small claims suit?

There are indeed time limits and these can be very serious. You can lose by waiting too long.

It does not make any difference which court you are suing in.

The statute of limitations depends upon the type of legal claim you are bringing.

Personal injury, 2 years.

Breach of a written contract, 5 years from when it was breached (not when it was signed).

Breach of an oral contrct, 3 years from the last date payment was made or the last date that services or products were provided, whichever is shorter /later.

I belive the current limit was just increasd from $2000 to $5000 for small claims court.

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Answered on 9/11/06, 9:56 pm


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