Friday, March 11, 2022

Statute of limitations to file Small Claims






Here are some examples of the state’s statutes concerning money limits and statutes of limitations to file. 

The time period begins when the damage has occurred. 

California: $10,000, except that a plaintiff may not file a claim over $2,500 more than twice a year. 4 years to make a claim on a written contract, and 3 years to file for property damage 

Connecticut: $5,000 (except in landlord-tenant se
curity deposit claims). 6 years for written contracts;

 Georgia: $15,000 (no limit in eviction cases). Under Georgia state law, there are limits on the amount of time you have to bring a lawsuit. The statute of limitations for most cases is either two, four, or six years, depending on the type of case. 

Louisiana: $5,000 (city court); $5,000 (justice of the peace, but no limit on eviction cases). The state of Louisiana is unique in that nearly all civil actions have a one-year statute of limitations (most states range from two to five years for more claims). The exceptions are the three-year limits on collections of rent and debts and a 10-year statute of limitations for contracts and judgments.

Pennsylvania: One of the top states when it comes to money limits-$12,000. 4 years to file the Small Claims




DEMAND NOTICE

You must send a Demand Notice to the former tenant demanding the money that is owed. The Demand Notice will state the back rent owed and/or damages above the security deposit. In the letter, the landlord will explain that after 30 days if the money is not received, he/she will file a Small Claims case. 

The Demand Notice will be sent via certified mail USPS with return receipt. You will take a copy of the Demand Notice and return receipt when proceeding to the courthouse. These documents will be kept in the court files for the court hearing













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