QUESTION
Is there a statue of limitations that a person can file a small claim.
Asked on Feb 24th, 2016 on General Practice - New York
More details to this question:
We received a letter from our local court for a summons to appear for small claims. There is no amount that we are being sued for or what we are being sued for. The claim is dated for February 19, 2016 and the person who is filing the small claim is a previous landlord who we last resided at September 30, 2015.
1 ANSWER
There is a statute of limitations on every claim. For breach of contract (i.e. failure to pay monies due under a lease), if that is what your landlord's claim is, it is (in New York) six years from the date of the breach. If you breached the contract on 9/30/15, your landlord could sue you until 9/30/21.
Answered on Feb 24th, 2016 at 4:11 PM