QUESTION

Can I file a small claim after 3 years?

Asked on Apr 27th, 2017 on Real Estate - New York
More details to this question:
A contractor did not do the work that I requested over 4 years ago. I paid him a check for 1100 dollars and he did not do the work we agreed to. He agreed to build a fence and remove a shed on my rental property in Charlotte, NC. I sold my house this march but he did work on my house in December for about 1800 dollars. I deducted the 1100 dollars he owed me over four years ago. I mailed him the check for about 800 dollars last month. Originally, i emailed him sent letter and called about the shed and fence work when he did not do it. I also sent him the cancelled check that he cashed four years ago and last month again. He has not cashed the 800 dollars check yet. I did send him the copy of the invoice for the December work and a letter why i only sent him the 800 dollars for his work(about 1800) on my house. My realty agent did not know he did not do work on my house 4 years ago even though I paid him.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
To answer your question directly, you can sue.  Contracts have a six year statute.  But, it sounds like he might be getting ready to sue you if he did not cash the check.
Answered on Apr 28th, 2017 at 5:14 AM

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